Black Lives Matter-Ugliness of Racism.
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Man who choked N.Y. subway rider to death will face manslaughter charge
Author of the article:Associated Press
Associated Press
Jake Offenhartz And Michael R. Sisak
Published May 11, 2023 • 2 minute read
NEW YORK — Manhattan prosecutors said Thursday that they will bring criminal charges against a man who used a fatal chokehold on an unruly passenger aboard a New York City subway train, a death that stirred outrage and debates about the response to mental illness in the nation’s largest transit system.
Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and face a charge of second degree manslaughter, which could carry a jail term of up to 15 years.
“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” the Manhattan district attorney’s office said in a statement.
The charges come nearly two weeks after Penny pinned fellow subway rider Jordan Neely, 30, to the floor of a subway car and put him in a chokehold that lasted for several minutes.
According to a freelance journalist who witnessed the struggle, Neely, who is Black, had been screaming and begging for money aboard the train prior to the takedown, but had not physically attacked anyone.
Attorneys for Penny, who is white, did not immediately respond to a request for comment. They previously said their client, along with two other riders who helped restrain Neely, had acted in self-defense.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” they said in a statement.
A former subway performer known for his spot-on Michael Jackson impression, Neely struggled in recent years with homelessness and worsening mental illness, friends said. He had been arrested several times, and had recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a subway station. After pleading guilty, he missed a court date, leading to a warrant for his arrest that was still active at the time of his death.
His death has divided some in New York and beyond, triggering intense debates and protests. Left-leaning advocates described the killing as an act of racist vigilantism, invoking comparisons to the infamous subway shooting carried out by Bernhard Goetz against four teenagers in 1984.
Others, including Mayor Eric Adams, have urged caution, calling on New Yorkers to wait for the full facts and investigations. They note that much is still not known about what precipitated the chokehold.
As the investigation has continued, Manhattan District Attorney Alvin Bragg has faced pressure to make an arrest. Penny was questioned by police in the hours after Neely died, but released without charges.
A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk. The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.
torontosun.com
Author of the article:Associated Press
Associated Press
Jake Offenhartz And Michael R. Sisak
Published May 11, 2023 • 2 minute read
NEW YORK — Manhattan prosecutors said Thursday that they will bring criminal charges against a man who used a fatal chokehold on an unruly passenger aboard a New York City subway train, a death that stirred outrage and debates about the response to mental illness in the nation’s largest transit system.
Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and face a charge of second degree manslaughter, which could carry a jail term of up to 15 years.
“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” the Manhattan district attorney’s office said in a statement.
The charges come nearly two weeks after Penny pinned fellow subway rider Jordan Neely, 30, to the floor of a subway car and put him in a chokehold that lasted for several minutes.
According to a freelance journalist who witnessed the struggle, Neely, who is Black, had been screaming and begging for money aboard the train prior to the takedown, but had not physically attacked anyone.
Attorneys for Penny, who is white, did not immediately respond to a request for comment. They previously said their client, along with two other riders who helped restrain Neely, had acted in self-defense.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” they said in a statement.
A former subway performer known for his spot-on Michael Jackson impression, Neely struggled in recent years with homelessness and worsening mental illness, friends said. He had been arrested several times, and had recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a subway station. After pleading guilty, he missed a court date, leading to a warrant for his arrest that was still active at the time of his death.
His death has divided some in New York and beyond, triggering intense debates and protests. Left-leaning advocates described the killing as an act of racist vigilantism, invoking comparisons to the infamous subway shooting carried out by Bernhard Goetz against four teenagers in 1984.
Others, including Mayor Eric Adams, have urged caution, calling on New Yorkers to wait for the full facts and investigations. They note that much is still not known about what precipitated the chokehold.
As the investigation has continued, Manhattan District Attorney Alvin Bragg has faced pressure to make an arrest. Penny was questioned by police in the hours after Neely died, but released without charges.
A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk. The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.
Man who choked N.Y. subway rider to death will face manslaughter charge
Manhattan prosecutors said Thursday that they will bring criminal charges against a man who used a fatal chokehold on an unruly passenger aboard a New York City subway
Yup, didn't give a crap about him when he was alive but care about him now that he's dead. Figures. Works for their narrative I guess. 
No charges after Toronto police investigate allegations Black student locked in room
Author of the article:Canadian Press
Canadian Press
Published May 12, 2023 • 1 minute read
Toronto police say detectives found no evidence to support criminal charges after it was alleged a six-year-old Black student was forcibly locked in a room at a local elementary school.
Police say it was alleged a child at John Fisher Junior Public School was confined to a closet-sized administrator’s office and hateful messages were written on a desk.
They say officers interviewed “dozens of people,” including the child, their family, teachers and former students as part of the investigation.
Detectives also consulted with experts on child-focused investigations and their results were reviewed by the force’s hate crime unit and the Ontario Ministry of the Attorney General’s hate crime working group.
Police say while they understand the allegations are “upsetting,” the investigation “found no evidence to support the laying of charges.”
The Toronto District School Board says it had started an internal probe into the allegations but that had to be paused about two weeks ago at the request of the Children’s Aid Society, which said it was investigating.
The TDSB says it has to inform Toronto police and the Children’s Aid Society when serious allegations are brought to its attention and receive their permission to proceed with an internal board investigation.
In March, the board had said it had learned about “reports of serious acts of anti-Black racism at John Fisher” and the school principal, vice-principal and a teacher had been put on home assignment amid an investigation.
The Parents of Black Children advocacy group had said it received reports from two parents of Black students at the school alleging the children were detained in a small “isolation room” in separate occasions.
The Ontario Principals Council said shortly afterward that it was confident evidence would show a Black student was never placed or locked in a small room at the school, as alleged.
torontosun.com
Author of the article:Canadian Press
Canadian Press
Published May 12, 2023 • 1 minute read
Toronto police say detectives found no evidence to support criminal charges after it was alleged a six-year-old Black student was forcibly locked in a room at a local elementary school.
Police say it was alleged a child at John Fisher Junior Public School was confined to a closet-sized administrator’s office and hateful messages were written on a desk.
They say officers interviewed “dozens of people,” including the child, their family, teachers and former students as part of the investigation.
Detectives also consulted with experts on child-focused investigations and their results were reviewed by the force’s hate crime unit and the Ontario Ministry of the Attorney General’s hate crime working group.
Police say while they understand the allegations are “upsetting,” the investigation “found no evidence to support the laying of charges.”
The Toronto District School Board says it had started an internal probe into the allegations but that had to be paused about two weeks ago at the request of the Children’s Aid Society, which said it was investigating.
The TDSB says it has to inform Toronto police and the Children’s Aid Society when serious allegations are brought to its attention and receive their permission to proceed with an internal board investigation.
In March, the board had said it had learned about “reports of serious acts of anti-Black racism at John Fisher” and the school principal, vice-principal and a teacher had been put on home assignment amid an investigation.
The Parents of Black Children advocacy group had said it received reports from two parents of Black students at the school alleging the children were detained in a small “isolation room” in separate occasions.
The Ontario Principals Council said shortly afterward that it was confident evidence would show a Black student was never placed or locked in a small room at the school, as alleged.
No charges after Toronto police investigate allegations Black student locked in room
Toronto police say detectives found no evidence to support criminal charges after it was alleged a six-year-old Black student was forcibly locked in a room at a local elementary school.
Former Marine who fatally choked NYC subway rider Jordan Neely freed pending trial
Author of the article:Associated Press
Associated Press
Jake Offenhartz and Michael R. Sisak
Published May 12, 2023 • Last updated 1 day ago • 3 minute read
NEW YORK — A U.S. Marine veteran who used a fatal chokehold on an agitated New York City subway passenger was freed from custody Friday hours after surrendering to face a manslaughter charge filed nearly two weeks after the encounter.
Daniel Penny, 24, appeared in court after turning himself in at a police station to answer criminal charges in the May 1 death of Jordan Neely. He did not enter a plea. Neely’s death sparked protests, while others embraced Penny as a vigilante hero.
A judge authorized Penny’s release on bond and ordered him to surrender his passport and not to leave New York without approval. Prosecutors said they are seeking a grand jury indictment. Penny is due back in court on July 17.
Penny didn’t speak to reporters as he arrived at a Manhattan police station with his lawyers Friday morning, nor did he respond to questions shouted by reporters as he was led from the police precinct house in handcuffs several hours later.
Inside the courtroom, Penny faced straight ahead, his hands still cuffed. He spoke softly, offering one-word answers to Judge Kevin McGrath as his lawyer, Steve Raiser, placed an arm around his shoulder.
Penny’s lawyers have said he was acting in self-defence when he pinned Neely to the floor of the subway car with the help of two other passengers and held him in a chokehold for several minutes.
A freelance journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, said he had been shouting at passengers and begging for money aboard the train but had not gotten physical with anyone. Penny’s lawyers have said he was “threatening” passengers but haven’t elaborated.
Neely’s death has raised an uproar over many issues, including how those with mental illness are treated by the transit system and the city, as well as crime, race and vigilantism. Penny, who is white, was questioned by police in the aftermath but was released without charges. Neely was Black.
Thomas Kenniff, one of Penny’s attorneys, said the veteran didn’t mean to harm Neely and “is dealing with the situation, like I said, with the sort of integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps.”
Donte Mills, a lawyer for Neely’s family, said Neely wasn’t harming anyone.
“There was no attack,” Mills said at a news conference Friday. “Mr. Neely did not attack anyone. He did not touch anyone. He did not hit anyone. But he was choked to death.” Penny, he said, “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”
Neely’s father, Andre, wept as another family lawyer, Lennon Edwards, recounted the last moments before Penny tackled Neely to the ground and put him in a chokehold.
“What did he think would happen?” Mills asked.
Friends of Neely said the former subway performer, remembered by some commuters for his Michael Jackson impersonations, had been dealing with homelessness and mental illness in recent years. Neely had been arrested multiple times and had recently pleaded guilty for assaulting a 67-year-old woman leaving a subway station in 2021.
Mills said Neely’s outlook changed after his mother was killed by her boyfriend in 2007. Through his struggles, Mills said, Neely found joy in singing, dancing and bringing a smile to other people’s faces.
“No one on that train asked Jordan: ‘What’s wrong, how can I help you?”’ Mills said, urging New Yorkers in a similar situation: “Don’t attack. Don’t choke. Don’t kill. Don’t take someone’s life. Don’t take someone’s loved one from them because they’re in a bad place.”
The Manhattan district attorney’s office had investigated the case for several days before deciding to file charges, in part to try to learn what happened aboard the train in the moments before Penny moved to restrain Neely. Prosecutors did not immediately explain why they decided criminal charges were warranted.
Neely’s death prompted protests in the city. On Wednesday, New York City Mayor Eric Adams, who had earlier said the investigation needed time to play out, gave an address in which he said Neely’s death shouldn’t have happened.
A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk.
The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.
The charges could carry a maximum penalty of 15 years imprisonment, though any jail term could also be far shorter.
— Associated Press writers Bobby Caina Calvan and Karen Matthews contributed to this report.
torontosun.com
Author of the article:Associated Press
Associated Press
Jake Offenhartz and Michael R. Sisak
Published May 12, 2023 • Last updated 1 day ago • 3 minute read
NEW YORK — A U.S. Marine veteran who used a fatal chokehold on an agitated New York City subway passenger was freed from custody Friday hours after surrendering to face a manslaughter charge filed nearly two weeks after the encounter.
Daniel Penny, 24, appeared in court after turning himself in at a police station to answer criminal charges in the May 1 death of Jordan Neely. He did not enter a plea. Neely’s death sparked protests, while others embraced Penny as a vigilante hero.
A judge authorized Penny’s release on bond and ordered him to surrender his passport and not to leave New York without approval. Prosecutors said they are seeking a grand jury indictment. Penny is due back in court on July 17.
Penny didn’t speak to reporters as he arrived at a Manhattan police station with his lawyers Friday morning, nor did he respond to questions shouted by reporters as he was led from the police precinct house in handcuffs several hours later.
Inside the courtroom, Penny faced straight ahead, his hands still cuffed. He spoke softly, offering one-word answers to Judge Kevin McGrath as his lawyer, Steve Raiser, placed an arm around his shoulder.
Penny’s lawyers have said he was acting in self-defence when he pinned Neely to the floor of the subway car with the help of two other passengers and held him in a chokehold for several minutes.
A freelance journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, said he had been shouting at passengers and begging for money aboard the train but had not gotten physical with anyone. Penny’s lawyers have said he was “threatening” passengers but haven’t elaborated.
Neely’s death has raised an uproar over many issues, including how those with mental illness are treated by the transit system and the city, as well as crime, race and vigilantism. Penny, who is white, was questioned by police in the aftermath but was released without charges. Neely was Black.
Thomas Kenniff, one of Penny’s attorneys, said the veteran didn’t mean to harm Neely and “is dealing with the situation, like I said, with the sort of integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps.”
Donte Mills, a lawyer for Neely’s family, said Neely wasn’t harming anyone.
“There was no attack,” Mills said at a news conference Friday. “Mr. Neely did not attack anyone. He did not touch anyone. He did not hit anyone. But he was choked to death.” Penny, he said, “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”
Neely’s father, Andre, wept as another family lawyer, Lennon Edwards, recounted the last moments before Penny tackled Neely to the ground and put him in a chokehold.
“What did he think would happen?” Mills asked.
Friends of Neely said the former subway performer, remembered by some commuters for his Michael Jackson impersonations, had been dealing with homelessness and mental illness in recent years. Neely had been arrested multiple times and had recently pleaded guilty for assaulting a 67-year-old woman leaving a subway station in 2021.
Mills said Neely’s outlook changed after his mother was killed by her boyfriend in 2007. Through his struggles, Mills said, Neely found joy in singing, dancing and bringing a smile to other people’s faces.
“No one on that train asked Jordan: ‘What’s wrong, how can I help you?”’ Mills said, urging New Yorkers in a similar situation: “Don’t attack. Don’t choke. Don’t kill. Don’t take someone’s life. Don’t take someone’s loved one from them because they’re in a bad place.”
The Manhattan district attorney’s office had investigated the case for several days before deciding to file charges, in part to try to learn what happened aboard the train in the moments before Penny moved to restrain Neely. Prosecutors did not immediately explain why they decided criminal charges were warranted.
Neely’s death prompted protests in the city. On Wednesday, New York City Mayor Eric Adams, who had earlier said the investigation needed time to play out, gave an address in which he said Neely’s death shouldn’t have happened.
A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk.
The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.
The charges could carry a maximum penalty of 15 years imprisonment, though any jail term could also be far shorter.
— Associated Press writers Bobby Caina Calvan and Karen Matthews contributed to this report.
Former Marine who fatally choked NYC subway rider Jordan Neely freed pending trial
A U.S. Marine veteran who used a fatal chokehold on an agitated New York City subway passenger was freed from custody Friday.
McDonald's found liable for hot Chicken McNugget that burned girl
Author of the article:Associated Press
Associated Press
Published May 12, 2023 • Last updated 1 day ago • 2 minute read
FORT LAUDERDALE, Fla. — McDonald’s and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl’s leg and caused second-degree burns, a jury in South Florida has found.
A second jury will determine how much McDonald’s USA and its franchise owner, Upchurch Foods, will pay the child and her mother, the South Florida SunSentinel reported.
Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
“This was an unfortunate incident, but we respectfully disagree with the verdict,” McDonald’s USA said in a statement. “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
The jury heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh before finding McDonald’s to blame.
Philana Holmes testified that she bought Happy Meals for her son and daughter at a drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, the SunSentinel reported. She said she handed the food to her children, who were in the back seat.
After she drove away, her daughter started screaming. The mother testified she didn’t know what was wrong until she pulled over to help the girl, identified in court as Olivia, the newspaper reported. She saw the burn on the girl’s leg and took photos on her iPhone, which included audio clips of the child’s screams.
The sound of the girl’s screams were played in court.
The child, who is autistic, did not testify, the newspaper reported.
Lawyers for McDonald’s noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
The girl’s parents sued, saying that McDonald’s and the franchise owner failed to adequately train employees, failed to warn customers about the “dangerous” temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 93 Celsius, while the defence said it was no more than 71C.
sun-sentinel.com
torontosun.com
Author of the article:Associated Press
Associated Press
Published May 12, 2023 • Last updated 1 day ago • 2 minute read
FORT LAUDERDALE, Fla. — McDonald’s and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl’s leg and caused second-degree burns, a jury in South Florida has found.
A second jury will determine how much McDonald’s USA and its franchise owner, Upchurch Foods, will pay the child and her mother, the South Florida SunSentinel reported.
Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
“This was an unfortunate incident, but we respectfully disagree with the verdict,” McDonald’s USA said in a statement. “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
The jury heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh before finding McDonald’s to blame.
Philana Holmes testified that she bought Happy Meals for her son and daughter at a drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, the SunSentinel reported. She said she handed the food to her children, who were in the back seat.
After she drove away, her daughter started screaming. The mother testified she didn’t know what was wrong until she pulled over to help the girl, identified in court as Olivia, the newspaper reported. She saw the burn on the girl’s leg and took photos on her iPhone, which included audio clips of the child’s screams.
The sound of the girl’s screams were played in court.
The child, who is autistic, did not testify, the newspaper reported.
Lawyers for McDonald’s noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
The girl’s parents sued, saying that McDonald’s and the franchise owner failed to adequately train employees, failed to warn customers about the “dangerous” temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 93 Celsius, while the defence said it was no more than 71C.
McDonald’s found liable for girl’s burns from chicken nuggets. Next up: Jury to determine how much company will pay
A Broward jury found McDonald’s liable for injuries suffered by a 4-year-old girl whose thigh was scalded by an overheated chicken McNugget in 2019. Next up, how much with the fast food giant…
sun-sentinel.com
McDonald's found liable for hot Chicken McNugget that burned girl
McDonald's and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl's leg and caused second-degree burns, a jury in South Florida has found.
Serve cold food. Thatll fix it. Coleslaw and chicken salad sammiches.
notice that ever since that scalding hot coffee lawsuit - what, decades ago now? - it now says "CAUTION HOT!" on every cup, however they forgot to include "(THIS MEANS YOU, STUPID!)", leaving themselves wide open for further lawsuits. heh heh
Here's a little trivia. Did you know that the McDonalds that served the hot coffee had, like all McDonalds, received a memo from HQ to turn down the heat on their warmers by 20 degrees Fahrenheit because they were dangerous, and had failed to do so?
OK, I'll put you in the bin with Moosie. The one labelled "Canadians who don't know the difference between a civil lawsuit and a criminal action." Y'know, the ones who see a case captioned "Regina v. McKenzie," and wonder what he did to piss off Saskatchewan.
yet when someone dies from over emoting about it, it magically turns into criminal negligence.
and here I'm fresh out of tampons
dang!
that makes me useless, but not mooseless
:?P