Subject: Re: Daniel Penny - not guilty
If you're going to try to kill someone, you're not going to do it that way so the "murder" calls are stupid on stilts. He's a Marine. He knows how to break a neck if that's what he wanted to do, which he didn't.

Which is why he wasn't charged with first- or second-degree murder (or whatever they call those charges in NY). Manslaughter or negligent homicide is the charge they bring if you're not trying to kill someone, but kill them accidentally in a criminally culpable manner.