Alvin Bragg is the lowest of the low.

Despite calls from across the country to bring justice to the family of Jordan Neely, Bragg has used his position to smite justice in the worse fashion.

Upon Neely’s killing, Bragg’s office followed the lead of the NYPD and refused to charge Daniel Penny with any charge whatsoever. After nearly 2 weeks of deliberating in a closed room grand jury, the Manhattan District Attorney’s office finally brought watered down charges on Penny, deeming him negligent in Mr. Neely’s death to the tune of 2^nd degree manslaughter.

Bragg’s office obviously went with the lesser charge of 2nd-degree manslaughter due to idea that under New York’s law manslaughter is defined as a person acting recklessly with respect to a death of an individual. Its considered a Class C felony and under New York’s sentencing guidelines, the maximum penalty for a Class C felony is only 15 years in prison.

Critics of Bragg say that Penny’s charges should be upgraded to 2^nd degree murder. A sentiment that many in the Black legal sphere have echoed.

To start Penny’s actions upon assaulting Mr. Neely clearly demonstrate clarity and self control of his own persons, as demonstrated when noted from several witness who stated that Penny and Neely were arguing prior to the assault. Penny also admitted that he physically acted in response to alleged insults stated by Mr. Neely by “confronting” him and approaching his persons. Lastly, upon putting Mr. Neely in a deadly choke hold for over 10 minutes which no professional, military, or law enforcement training scenario guidelines recommend, Penny states that he held Neely until he appeared to lose breath and consciousness.

This scenario clearly demonstrates a heat-of-the-moment crime with the intent to maim or kill but was not premeditated.

This coupled with the fact that Penny along with several other witnesses stated that he attacked covertly from behind Mr. Neely, and that Mr. Neely was taken by surprise, initially not knowing Penny was there.

When we look closer at this scenario, this instance looks like an ambush that may not exemplify premeditation, but instead a clear over usage or better stated, overindulgence of force and salient killing intent by the attacker.

If Brag upgrades Penny’s charges to second-degree murder he is eligible to face up to 20 to 40 years per NY state sentencing guidelines.

Of course, the Penny family attorneys doubt that Bragg will oblige.

“Daniel Penny’s press release is not an apology nor an expression of regret,” said attorneys Donte Mills and Lennon Edwards in a written statement.

Edwards of Mills & Edwards, LLP are two of the community’s finest servants and are universally recognized as one of the nation’s top litigation firms.

“It is a character assassination and a clear example of why he believed he was entitled to take Jordan‘s life.” The statement reads.

What should be noted is that it is incredibly odd for any DA to not put a gag’ on the defendant involved in such a high profile case such as this, but for Bragg to allow Penny to posthumously defame Mr. Neely and seemingly advocate for his own crowdfund is not only insane, but borderline criminal.

“The consequences of manslaughter two is five to 15 years. Ask yourself, is that enough? Murder two, up to 25 to life. So we need a full cup of justice here,” said Edwards.

Mills took it further echoing to widely agreed upon sentiment that the situation was completely avoidable, and that Penny needlessly took Mr. Neely’s life.

“When somebody screams, ‘My wife is a nurse. I’m telling you, you’re gonna kill him, you’re going to get a murder charge’ he could’ve chose to let him go. But he didn’t. And what did he think would happen if he didn’t? He had to know he would die,” said Mills.

“The time to just relax and let people that need help come to us is over,” said Mills.

“Justice looks like a conviction,” Edwards added “and justice looks like a conviction for murder.”

Well said, Brothas. If only every attorney had a courage and a conscious.

–Marcus Davis, Barrington Williams, B1Daily