“It’s the details,” thanks for this very good explanation of the objectives, techniques and legal concerns.
10 seconds to put them to sleep and no more was in the comments. I like that.

Some pertinent facts: 1) No one has accused Neely as having threatened any specific person. He just shouted threats in general. So Penny cannot claim he was defending himself or any person. 2) Neely did not present any weapon, so lethal force was not appropriate. 3) Penny would have learned the Rear Naked Choke (RNC) in the Marine Corps. There is a written Marine Corps policy that an RNC is not be held for more than 13 seconds in training, because it is dangerous. Penney would have known that. 4) Multiple doctors have said that an RNC held too long or too tight can have delayed effects, possibly fatal, for hours afterwards, because an excessive RNC can actually damage the arteries. 5) Rener Gracie, of all people, has opined that Penny’s RNC appeared excessive.

At my Gracie JJ school, we are taught to only use about 20% pressure and count down from 10 on any choke, because anything more is dangerous. And if you need more than 20% in 10 seconds, even on the street, you aren’t doing it right. I think Penny was trying to do a good thing, but he used bad judgement.

Hi Trav –

I hope you’re doing well.

This is a good email that you sent out. I practiced criminal law for 18-ish years before retiring to sitting in a room writing Wills and Trusts (snore). I’ve handled a litany of murder cases, assaults with deadly weapons, terrorism and the like. I represented some real bad people.

There are so many unseen factors that people wind up being confronted by when “no good deed (or attempt at a good deed) goes unpunished.” Notice all of the witnesses in the Penny case who just shrugged off whether Jordan Neely was a threat. While Neely’s behavior was very alarming, several witnesses characterized Neely’s behavior as no big deal or non-threatening. For a variety of reasons, they’re fine to let the do-gooder fend for himself after the fact.

What the aspiring Good Samaritan doesn’t anticipate is being thrown into a legal system – beginning with a criminal filing typically prompted by some bureaucrat’s perceived need to address public outcry – that is the equivalent of death by a thousand cuts. Then, it becomes like swimming through an endless sea of indifferent machinations of “the system” and all you can pray for is it to stop at some point.

I’ve represented members of law enforcement in private capacity for over 25 years (lots of cop divorces). The direction given to law enforcement is “DO NOT GET INVOLVED” if you are off-duty. Just be a good witness. Seriously. While off-duty cops have the capacity, training and probably the concealed armament to get involved, they are “advised” (strongly directed) not to. And, what do we see with these off-duty officers getting involved? Many of them wind up being charged because they’re held to the same standard as if they were on-duty.

It’s an unfortunate circumstance in our society. By being “humane,” we have bred tremendous inhumanity as anti-social personalities are always given the greatest advantage. I know from representing many sociopathic personalities over the years – they always look at themselves as “the victim.” While is might start with some degree of contrition, before long, in their mind, they are the victim – not the person who they splattered all over the place. It’s upside-down world.

Ok {end rant}.

Be well and I hope you sell lots of subscriptions.

Best –

Tony

Thank you sifu/sensei/…?!!!
Experience talks.
you explain it
so that even I understand it 😎