I'm also not a lawyer, but I think there has to be some discretion in the application of the law. In cases like this, where someone reacted (in arguably heroic fashion) to protect others from someone acting insane, where the death was obviously unintentional, I'd argue he shouldn't even be charged with anything that would result in jail time.I'm certainly not a lawyer but it seems to me that, based on what I've read and heard about the testimony, a conviction of criminally negligent homicide isn't unrealistic. I'm open to other thoughts and acknowledge that I might be ill-informed, so I'd like to hear why that's not correct.
If anything, we want people like Penny walking among us, imo.