Whereupon We Pontificate About Poor Media Outlet Choices

I will miss it, because I occasionally like having it to listen to live sports on Westwood 1 when I have to run errands or something rather than park myself in front of a TV.

If this happens, though, I don’t see why talk radio doesn’t just migrate to FM?

Some already has, but the signal doesn’t travel as far and it doesn’t make as much money as music in most cases so usually a company will only give like one out of five or six stations they own to a sports talk/talk format.

I assume it’ll be podcasts and streaming.

I regret to inform you the NYT’s galaxy brain opinion page writers saw the WSJ piece and were like “we need to get in on this action too”

Man 2 is the right charge. Anything higher requires an intent to kill or cause serious physical injury, or depraved indifference which NY’s court of appeals has greatly curtailed in the last few years.

1st degree manslaughter in NY requires intent likely not present here. It’s not the same as manslaughter in other states.

Devil’s Advocate I think he’s going to argue that he was just trying to make the guy unconscious like in the movies and accidentally wound up murdering him or something like that. 15 minutes is such an incredibly long time to be strangling someone and not expect them die though.

That’s a crime! (he did so recklessly!)

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Is the 15 minute duration confirmed? I also some reports that it was more like 3 minutes and I’m not sure that was ever clarified.

Edit: an npr story just says “several minutes” (thanks!) and a Times story says

A four-minute video that recorded the chokehold showed Mr. Penny hanging on tight to Mr. Neely 50 seconds after he went limp.

I would almost argue that 50 seconds after someone goes limp reflects an intent to kill but what do I know?

What I recall reading is that there’s 3 minutes of video but witness(es?) said it was like 15 minutes.

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Uh if he’s still choking him when the video cuts off, that is really poor and misleading reporting in that Times quote (my edit)

this is the broadly accepted version of the story as I’ve seen it reported.

it should be depraved indifference, he knew what that choke could do

Sure, I’m just saying I don’t think they’ll be able to prove he intended to kill the guy. If it’s more like 5 min then for sure he can claim he was full of adrenaline and didn’t realize that much time had passed or something.

He can claim that he 100% wanted to kill him so as to not take any chances and he’ll get jury nullified into a not guilty verdict.

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Yah, you just described Manslaughter in the Second Degree.

It’s really just not even close to enough for depraved indifference under the New York standard. Strangulation in NY alone basically never is. NY’s highest court has made depraved indifference an almost impossible standard to meet (which makes sense, since we punish it exactly the same as we punish people who intentionally kill). I was involved in a strangulation death prosecution a number of years ago (bar argument/fight). We did not prosecute it as a depraved, only a manslaughter. In that case we had Man 1 becuase we had other evidence of intent to seriously physically injure (the preceding bar fight), but it still wasn’t nearly enough for a murder.

This diner is not in chicago

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Frank and Bill from MST3k are both pretty great at Twitter.

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In addition to the reporting problems here, remember how much Republicans abhor destroying Confederate monuments because it’s important to respect our history? Not to mention, Cancel Culture.

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Also I regret to inform you that elite liberal media, yet again, has learned nothing and just did the whole Intellectual Dark Web piece all over again, all the way down to giving them a stupid fucking name