This is not a juxtaposition at all. Terrible ethics aside, the CEO operated more or less totally in compliance with USA law. Being a fucking scumbag is not illegal -- indeed, our country sadly runs on this principle.
The fellow in the subway was acting to a DIRECT threat, and it's pretty easy to draw a line from that guy flipping out to someone being threatened/hurt/killed in the subway. He was already culpable of disorderly conduct or worse, and it's pretty clear that it wasn't Penny's intent to fatally injure him.
The juxtaposition some people feel is because the CEO is acting against their moral framework, but he's operating in a legal framework. This is why our country is fucking sick, but it is is what it is at this point.