Status: Mr. Penny has been charged.  Mr. Penny is due in court on July 17th. See various updates for additional content (most of it, at this point).

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Edit: I gave an interview with www.military.com and some of the context didn't make it through the editing process.  I do not now, nor have I ever, had any issue with the MCMAP curriculum, the appropriate use of force, or anything the USMC trains on in boot camp or the fleet. I am specifically concerning myself here with the inappropriate use of one of those techniques in what I believe is an unjustifiable manner. As I say below: "These actions are not how I was trained, not how my command expected me to act, and do not meet the level of professionalism that is incumbent on servicemembers."

This petition has also attracted the attention of some drive-by racists who spam up the comments every few hours.  I'll clear out the hate speech as I'm able.

Finally, I want to reaffirm that I'm calling for an indictment and trial (in other words, due process), not some kind of mob rule. This whole petition is my argument for why Mr. Penny should be brought before a judge and jury, not some kind of appeal to just skip that part.

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A man named Jordan Neely died after being placed in a choke by an unnamed individual who has been identified as a former United States Marine.  The individual knew, or should have known, that their actions would reasonably cause the death of Mr. Neely and should be prosecuted for murder.

I am a former USMC infantryman and combat veteran, which I include in this petition because this country has a great deal of respect for, and deference to, the military.  I have already seen that respect and deference begin to be misapplied in this case.  These actions are not how I was trained, not how my command expected me to act, and do not meet the level of professionalism that is incumbent on servicemembers.  The individual who choked Mr. Neely to death should be prosecuted for murder, and I hope that the military community joins me in disavowing the actions of this individual.

1. The individual is identified as a former Marine.
2. All Marines are trained to the tan belt level in the Marine Corps Martial Arts Program (MCMAP) during basic training.
3. MCMAP is governed by USMC publication MCRP 3-02B, which includes the techniques taught at each level of the program.
4. The MCMAP tan belt includes training on rear chokes, including an explicit admonition that rear chokes can be lethal and that an effective choke should take 8-13 seconds.
5. The descriptions and video available indicate that the choke was maintained for much longer than 13 seconds and continued after Mr. Neely ceased to offer resistance.

Based on the available video and descriptions, it appears that the individual who choked Mr. Neely chose to initiate a potentially lethal technique in a tense but nonviolent situation.  It is probable that he received formal instruction on the technique including the fact that it was potentially lethal if held for more than several seconds. He chose to continue for several minutes, which caused the death of Mr. Neely.

Image credit: Andrew Savulich/New York Daily News/Tribune News Service