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Oct. 24, 2024 - Lionel Nation

15:46

Why Former Marine Daniel Penny Is A Hero and Must Be Acquitted

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	I'd like to discuss with you one of the most incredible tragedies and travesties of justice, and that is the upcoming homicide trial of former Marine and hero Daniel Perry, who has been accused...
	And you will hear sometimes in the media that he choked out or caused the choking death of a Jordan Neely, a violent, mentally out-of-it schizoid, lunatic, menacing, thug, criminal, vile piece of vermin, pond scum, a horrid, lunatic human being.
	Who threatened and scared innocent passengers and God knows what would have happened had not Daniel Perry, former Marine, not stepped in and done something reasonable to stop this menacing, vile, savage.
	There are people in the world who exact upon us a level of...
	Victimization, the likes of which we can't believe.
	Well, last spring, Mr. Penny, who just happens to be white, was indicted by Manhattan DA Alvin Bragg, Democratic, you know, the one who brought the 34 case of charges of whatever against President Trump.
	This is not long after he indicted.
	President Trump for this absolute specious case here.
	Now, Alvin Bragg, many people, is about focusing on a number of things.
	First, using the law enforcement system lawfare against political enemies or perceived political Enemies of radical left lunatics, okay?
	Democrats.
	That's it.
	And also, people who happen to be of the right admixture.
	Had Mr. Penny been black?
	Had Mr. Neely been white?
	You know and I know what would have happened, okay?
	This Neely, much like another...
	One of these folks that we, through this strange apotheosis, elevated him to some star in sanctified status.
	But Neely was a predator, a mentally deranged career criminal with over 40 arrests under his belt.
	And at the time of this horrible confrontation with American hero, former Marine Mr. Penny, On the F train, on the 1st of May, 2023, he had just gotten out of the Hoosgow,
	the pokey, at Rikers Island, doing a stretch for punching an old woman in the face, shattering her nose, and I sack it!
	This pond scum, this waste of flesh, Habitually and intentionally harassed and threatened and scared.
	Innocent strap hangers.
	He was doing precisely that on that day which he said he would do.
	He was ranting, quote, someone is going to die today.
	And that he was ready to go, I guess, back to Rikers.
	Think about this.
	You're wondering, you're sitting there saying, please, let this stop.
	What do I do?
	Can't carry guns in this city.
	Can't go Charles Bronson on them.
	So what Mr. Penny did was he intervened along with other passengers.
	And by the way, he was the only one charged.
	Guess what their race was?
	Guess!
	So, in subduing this vermin, This scum, he applied a carotid restraint, not a chokehold, a carotid restraint.
	The law of New York and the country permits a citizen from acting in self-defense or in the defense of others to continue To detain and hold and make safe a person until the police or the constable arrives.
	Mr. Penny and other passengers, who were not charged by the way, just did that.
	Unlike St. George of Floyd, another piece of vermin that everybody now heralds as this I don't know what.
	Gift to something or other.
	As in his case, Mr. Penny and others, or rather I should say unlike and different from that particular case, attempted to roll him into a position that would allow his breathing.
	It was not in the Derek Chauvin case, the knee to the neck.
	And there are other...
	Similarities and other dissimilarities between the case of him and Mr. Chauvin, who is the main police officer implicated and charged in Floyd's death.
	First, there was a video of the particular incident, which is normally a case, in which prosecutors are going to present In this Zapruder-like frame-by-frame presentation in order to give you a sense of the horror and how time elapsed and how slow and how long this man's choke.
	As they're going to say, they're going to use the word choke.
	By the way, I will use emotion and eliminate repeatedly to remove that term because it was not a choke.
	And you can have expert testimony in explaining how a carotid restraint is not a choke.
	This is a choke.
	This is a carotid restraint, okay?
	So they're going to show this, oh my god, left, back and to the left, this slow and drawn out.
	Second of all, there's a problem with the medical examiner record, talk screens and the like.
	The defense lawyers are going to be arguing that the medical examiner did not provide adequate or specific enough evidence to target Why Mr. Neely died directly?
	What was the proximate cause of his death?
	Was it because of this particular carotid restraint?
	Was it health?
	Was it something intervening?
	Was it intoxication?
	The tox report showed that he had the very dangerous and synthetic cannabinoid K2, an illegal substance, in his body, though it did not say the amount.
	Or that.
	But this, as you know, can trigger and cause hallucinations and weird distortions of reality.
	We don't know whether this worked with other pre-existing comorbidities, hypertension, heart problems, other drugs, interaction.
	Who knows?
	Now, Mr. Penny is not charged with murder.
	No one is claiming, nor could anybody ever prove, that he intentionally killed Mr. Neely.
	Rather, Alvin Bragg is bringing the charge, charging that he committed two forms of homicide.
	Two forms.
	One is second-degree manslaughter, and the other, criminally negligent homicide.
	What does that mean?
	What are they?
	The difference between those It's essentially a case brought between recklessness and negligence, or mere negligence.
	What does that mean?
	Under section 125.15 New York Penal Code, second-degree manslaughter occurs when a person, here's the language, quote, recklessly causes the death of another person.
	Ta-da!
	Well, what's recklessly?
	Good question.
	The statute says a person acts recklessly, in this particular case, in this particular example, when he is, quote, aware of and consciously disregards a substantial and unjustifiable risk that death will occur.
	One more time.
	When he is aware of And consciously disregards a substantial and unjustifiable risk that death will occur.
	So he's aware of it.
	The risk involved must be of such a nature, such a degree, such a type, that his conscious and willful disregard of it, this eh, meh, constitutes a gross deviation from the standard of conduct.
	That a reasonable person would observe in this situation.
	This is the reasonable man test.
	This is an objective test versus subjective.
	It's what the reasonable person would do.
	Under second degree manslaughter, this reckless component, he carries a potential sentence of up to 15 years in prison.
	Now, by contrast, let's look at this.
	Section 125.10 provides, under the Penal Code, that criminally negligent homicide occurs when, quote, with criminal negligence, a person causes the death of another person.
	So with criminal negligence.
	Criminal negligence is defined when a person fails to perceive a substantial and unjustifiable risk that death will occur.
	So it's negligent.
	Rather than reckless, because you failed to perceive it, not that you perceived it, but consciously and intentionally disregarded it.
	Do you think people can really, he knew about it, but disregarded it, or didn't know about it?
	So why do you think that's the way it is?
	Simple.
	Number one.
	It gives him, it gives Bragg to say, look, there's no way I'm going to...
	I don't want to charge him with one thing that's, you know, too heavy, and then the jury says, well, hell, he didn't commit that, so, you know, we're going to acquit him.
	This way, a jury can acquit him of one, find him guilty of not a lesser included, but something that is lesser, theoretically, in terms of potential punishment, and then the jury may be able to say, you know, we kind of feel better about it.
	Now, this is absolutely ridiculous.
	Bragg should have said, absolutely not.
	Number one, there was no criminal intent.
	Mr. Penny is in no way, in no wise, ever intended, in any way whatsoever, to commit a criminal offense.
	There was nothing criminal involved in anything that he said, anything that he meant to do.
	Also, there is a chance That people could have actually been very, very hurt had he not intervened.
	And number three, I think the most important thing is that you want to give people, you want to encourage folks, you want people to understand that if you step in and defend yourself or others, that people are going to be inclined to maybe render resistance in the next instance.
	The problem is going to be this perceived as a choke, and the problem is going to be the way the jury is going to look at the amount of time that was supposedly allowed for this, and they cannot allow chokehold.
	To repeat, they must file, and hopefully have granted, a motion in limine or limine.
	That precludes ahead of time, that warns the prosecutors you cannot use the word chokehold.
	And you can bring in medical testimony or take judicial notice of the fact that this was not a chokehold.
	This was a carotid restraint.
	We're going to be talking more about this.
	It would be a travesty beyond travesty for this brave former Marine to be convicted of anything.
	If the Neely family wants to sue him, fine.
	If the estate, fine.
	Sue him whatever you want.
	That's whatever.
	But criminal charges?
	Criminal charges in this city, where we've got people calling and screaming for no cash bail, no nothing, people, miscreants, vermin, slugs, savages, animals, hominids, let go on a regular basis, and you want to put this man in prison?
	For daring and deigning to save others?
	Absolutely not.
	Not on our watch.
	We're going to be talking about this.
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	And here's the best part.
	What do you think about this?
	Is he a hero?
	Should he be convicted of anything?
	What do you think?

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