Jordan Neely killed by chokehold on subway

It depends on how his lawyers argue it. If they can show a reasonable fear for either himself or others (witnesses will be key here) and that the restraint was warranted due to Nelly's action (this is where it gets subjective) then they've a good chance of beating a conviction.

This may very well be plead out as the DAs case is weak sauce but Denny may not want to spend 25 years in prison to test that theory.

The major difference between this case and the George Floyd one is that this will be argued on self defense.

Was is racist motivated

Yet being the appropriate word...

You'd be wrong that but it's understandable as like anything else in life it's always more nuanced and complicated that black and white scenarios.

No I am not wrong.

From your own link.

It’s important to remember that self-defense is not a get-out-of-jail-free card. You still have to prove that you met all the legal requirements for using self-defense

Sneaking up behind someone and choking them to death for 15 minutes until they are dead is an unlawful killing given the facts as we know it about what happened.

The only way self defence could be entered here is if someone killed the Ex-Marine trying to save Neely.

There is nothing in this case under the law that can justify the homicide. The response to a threat has to be proportional. Therefore no self defence can exist.

Of course there is a self defense law in New York, New York Penal Code, Article 35.

What other possible defense could Perry use other than self defense, protecting himself or others? It's up to the prosecution to disprove the defense beyond a reasonable doubt, that's the way a defensive defense works versus an affirmative defenes.

It's certainly not an easy one to explain away from what we know so far. He could say he was restraining Neely and fearing for his life. The bar is what a 'reasonable' person would do in that situation. The fact that two others were involved in restraining Neely certainly adds some weight to the fact that he wasn't alone in seeing a threat. And remember, it's not what we think about the case reading snipets and watching clips, it's actually what Denny and others on the train thought at the time and the additional information authorities have.

A person also said at the end of the video that he's alive and he's going to be alright and also that penny "did good" for stopping him. Other people who were present have also said similar. Suppose they are "unreasonable" eye witnesses in your view since you only want to hear what furthers your opinions/narrative.

Was it multiple people or one person that could be heard on the video, I'm not sure?

Two other people also helped restrain Neely so it's a difficult one to call. I wouldn't like to be on a jury for a case like this, that's for sure.

It wasn't very clear at all that you meant that. It read like you were in New York commenting on the case. There's also no duty to retreat as you stated either.

I think you may have the wrong end of the stick here though. The plaintiff can absolutely argue self defense here and it's not up to him to prove it. The burden is on the prosecution to disprove it. That's why I think it's a difficult case to get a successful prosecution.

I do agree with you that it probably won't ever get to trial though.

The defendant can argue Martians made him do it, it will be up the the Judge to charge the jury on the facts of law.

As for Duty to Retreat, unless the defendant was in his own home or a very limited set of other scenarios, he had a duty to retreat under the law.

 2.  A  person  may  not  use deadly physical force upon another person
under circumstances specified in subdivision one unless:
  (a) The actor reasonably believes that such other person is  using  or
about  to  use  deadly  physical  force. Even in such case, however, the
actor may not use deadly physical force if he or  she  knows  that  with
complete  personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is  under  no
duty to retreat if he or she is:
  (i) in his or her dwelling and not the initial aggressor; or
  (ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
  (b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape,  forcible  criminal
sexual act or robbery; or

Either way sneaking up behind someone and choking them to death who was not armed and not specifically threatening anyone is not a lawful homicide anywhere, but particularly in NY under their penal codes.

Unless you can show me how it would be?