{"id":7872,"date":"2023-06-17T09:00:00","date_gmt":"2023-06-17T13:00:00","guid":{"rendered":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/?p=7872"},"modified":"2023-06-15T12:33:40","modified_gmt":"2023-06-15T16:33:40","slug":"on-the-nyc-subway-killing","status":"publish","type":"post","link":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/on-the-nyc-subway-killing\/","title":{"rendered":"ON THE NYC SUBWAY KILLING"},"content":{"rendered":"\n<p>A grand jury in New York City recently indicted a young ex-Marine for Second Degree Manslaughter. An EDP (Emotionally Disturbed Person) was threatening people in a crowded subway car, and the young man restrained him with what some described as a rear naked choke, and held him in position for an uncertain number of minutes. The restrained man died.<\/p>\n\n\n\n<p><br>I have not seen the autopsy results at this writing, but according to news reports the cause of death was &#8220;compression of the neck,&#8221; not necessarily strangulation or asphyxiation.\u00a0 This would indicate that it was not an armbar strangle, but LVNR (Lateral Vascular Neck Restraint), which is consistent with the images I&#8217;ve seen of the incident. In LVNR, the airway is not occluded, but the great vessels in the neck are. Oxygenated blood can no longer reach the brain, and unconsciousness ensues somewhere between right now and 16 to 20 seconds from now.\u00a0 When the man goes unconscious, pressure should be released, though the arm remains in place in case the subject renews hostility. From videos and stills I&#8217;ve seen, I can&#8217;t tell whether or not the ex-Marine is applying pressure.<\/p>\n\n\n\n<p><br>This case, being cross racial\u00a0<em>and\u00a0<\/em>involving a mentally ill &#8220;victim,&#8221; created howls of protest. The fact that the grand jury did not indict for Murder indicates that they saw no element of malice or intent to kill.\u00a0 However, in NYC recently the prosecution has seemed most unkind toward use of lethal force in self-defense.<\/p>\n\n\n\n<p><br>Fortunately, this kid seems to have smart lawyers. Attorneys learn in law school the same thing cops learn in the police academy: &#8220;We don&#8217;t discuss our cases in the press!\u00a0 It will all come out in court.&#8221;\u00a0 Unfortunately, the paradigm has changed: publicity-hungry prosecutors and money-hungry plaintiffs&#8217; lawyers have created a\u00a0 new strategy in which the defendant is painted as a monster in a massive media campaign. Lawyers for the defense who don&#8217;t answer are leaving their wrongly-accused clients undefended in the Court of Public Opinion, and the world they have to return to after they are (hopefully) acquitted.<\/p>\n\n\n\n<p><br>These defense lawyers are publicly standing up for their client, including the almost unheard of strategy of allowing the client to speak to the press himself. This client handled that well so far in my opinion, and appears to have &#8220;checked all the boxes.&#8221;\u00a0 Smaller, weaker potential victims were in that subway car for the powerfully built mental patient to attack. Ability factor: check. In the packed subway car they were within easy reach. Opportunity factor: check. The deceased was loudly threatening to kill. Jeopardy (manifest intent) factor: check.<\/p>\n\n\n\n<p><br>The defendant&#8217;s actions show, from what I&#8217;ve seen so far, that he is eminently defensible. Kudos to his attorneys for saying so to the world.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A grand jury in New York City recently indicted a young ex-Marine for Second Degree Manslaughter. An EDP (Emotionally Disturbed Person) was threatening people in a crowded subway car, and the young man restrained him with what some described as a rear naked choke, and held him in position for an uncertain number of minutes. [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":7873,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-7872","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-uncategorized"},"_links":{"self":[{"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/posts\/7872","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/comments?post=7872"}],"version-history":[{"count":1,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/posts\/7872\/revisions"}],"predecessor-version":[{"id":7874,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/posts\/7872\/revisions\/7874"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/media\/7873"}],"wp:attachment":[{"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/media?parent=7872"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/categories?post=7872"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.backwoodshome.com\/blogs\/MassadAyoob\/wp-json\/wp\/v2\/tags?post=7872"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}