‘Not Really a Thing’: CNN Anchor and Analyst Shoot Down Ex-Marine’s ‘Anticipatory Self-Defense’ Argument In Subway Choking Death

CNN anchor Brianna Keilar reported on former U.S. Marine Daniel Penny turning himself in to New York City authorities on Friday after he was charged with second-degree manslaughter for the choking death of Jordan Neely on a New York City subway.

Keilar then introduced CNN Legal Analyst Areva Martin and they discussed reports that Penny’s lawyers plan to argue he acted in self-defense.

“Neely may have been loud. He may have been boisterous. He wasn’t using any kind of physical actions to attack anyone,” Martin began.

“So anticipatory self-defense, let’s call it. That’s just not really a thing when it comes to a legal defense?” Keiler then asked.

“No. And think about that. That says any time that someone yells or makes a movement, you can then claim I was so afraid that I needed to use physical force. And in this case, what’s so disturbing, Brianna, is not only did Mr. Penny put Mr. Neely in this deadly chokehold, but he continued to hold him in this maneuver even after Mr. Neely stopped moving, after he pretty much was listless in the arms of Mr. Penny,” Martin replied, adding:

Very disturbing, where we don’t want individuals on subways taking the law into their own hands. They can’t be judge, jury and executioner. If he was afraid, if Mr. Penny was truly afraid, he could have left that car and gone to another subway car.

“At his arraignment, Penny’s lawyer highlighted his military service. He said that it should be considered. I wonder what legal bearing you think that should have, especially I mean, I sort of wonder, as a military-connected person knowing that if anyone is aware of what you can and cannot respond to with lethal force, it should be someone who is in the military,” Keilar followed up.

“Absolutely, Brianna. I think the military piece is going to play in the favor of the prosecutors because they’re going to be able to argue that this is someone who had training about how lethal that chokehold could be, and he knew that he could cause bodily harm, if not death, to someone by using the chokehold,” Martin replied, adding:

And I think there’s testimony out there where one of the individuals on the subway was yelling to Mr. Penny, you know, that, “that’s a hell of a chokehold,” or something to suggest that he was using a level of force that was not reasonable. And that’s what this case really comes down to.

Was that level of force necessary and was it reasonable? And based on all of the reports today, it does not appear that that level of force was necessary or reasonable. Thus, I don’t think the self-defense argument is going to weigh heavily in this case.

“Such a sad outcome here. Areva, thank you for walking us through all of that Jim,” Keilar concluded.

Watch the full clip above via CNN.