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We also know that neely was threatening to kill people. when you talk about whether an action is reasonable, if someone is threatening to kill you, you are justified in using deadly force. penny will claim he didn't intend to use deadly force but would have been justified had he in the face of someone making threats and acting as if they can kill you. you don't need a weapon to be deadly. that's not the issue. the fact that he wasn't armed should have nothing to do with whether the right of self-defense kicked in here. >> bill: this is a story that will capture the imagination of the country w...

Seen which, of course, is not the entire episode here, that there are one or two other people who do get involved in this physically. and what is interesting is they are going towards mr. neely, not mr. penny, as if they're helping mr. penny restrain him. so i think that is a fact that could favor mr. penny. the issue for mr. penny is going on the whether neely was using or was about to use deadly physical force which, you know, that's the tricky question in order for mr. penny to be legally justified. but, you know, they'll get that defense out, i believe they'll sprinkle it with lots of elem...