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The Ben Shapiro Show

Ben Reacts: Daniel Penny Verdict

Mon, 9 Dec 2024

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The jury got it right—Daniel Penny is found not guilty. Ben Shapiro breaks down why this verdict matters for self-defense, accountability, and public safety in America. Watch Ben react now!

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Chapter 1: What was the verdict in the Daniel Penny case?

0.269 - 23.07 Ben Shapiro

all righty folks so the daniel penny verdict is in he has been acquitted thank god thank god the jury did the right thing i'll bring all the details in just one second first this is your reminder that dw plus gift memberships are 40 off that is truth premium entertainment investigative journalism all in one year a year of daily wire plus truly the perfect gift for the holidays even if it's for yourself head over to dailywire.com right now all right so

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Chapter 2: What circumstances led to the confrontation with Jordan Neely?

23.61 - 44.227 Ben Shapiro

Daniel Penny has now been found not guilty by the jury in Manhattan in the so-called chokehold death of Jordan Neely. So you remember the video. This is where the drug-addled, mentally ill, homeless person is abusing people on the subway, threatening them physically. And Daniel Penny, who's a veteran, comes up behind him and puts him in a submission hold.

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Chapter 3: What evidence was presented regarding the chokehold?

44.327 - 58.354 Ben Shapiro

Again, the goal of the submission hold is to make him submit. It is to either push him to submit or to push him into unconsciousness. It was not to kill him. There's all sorts of evidence that was presented, particularly by the defense, showing that it was not, in fact, the quote-unquote chokehold that killed him.

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58.394 - 77.35 Ben Shapiro

There was no deprivation of air to his lungs, for example, so he didn't die because there was damage to the trachea, for example. And obviously, this entire situation occurred because Daniel Penny was trying to defend all of the other members of the public on the subway from the predations of Jordan Neely. And the...

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78.271 - 96.167 Ben Shapiro

basic presumption, I suppose, in the city of New York is that if you are a person who tries to defend your fellow citizens from criminals, then you must be prosecuted if you are of one color and the person who ends up dead is of another color. If you are white and the person who ends up dead is black, then you will be prosecuted. If you're both white, probably not. If you're

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97.928 - 113.5 Ben Shapiro

That is the way that this particular case was prosecuted from the very beginning. And it was deeply corrupt. This was ever prosecuted in the first place. It was all caught on tape. There are other members of the public who are trying to help out Daniel Penny to force Jordan Neely to stop his aggressive activity.

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Chapter 4: How did the jury reach their decision?

114.461 - 129.49 Ben Shapiro

According to the New York Post, the panelists acquitted Penny of criminal negligent homicide, which could have put him behind bars for up to four years. Manslaughter was tossed on Friday after jurors said they could not reach a unanimous verdict on that particular matter. Jurors did side with the defense attorneys.

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Chapter 5: What were the reactions of witnesses during the trial?

129.61 - 145.423 Ben Shapiro

They'd argue that the Marine veteran was justified in rushing to protect fellow subway strangers when he subdued the erratic homeless man. The lawyers had questioned whether there was sufficient evidence that the chokehold actually caused the death as opposed to, you know, him being high as a kite, as opposed to his prior health issues and all of the rest.

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147.145 - 165.771 Ben Shapiro

People testified in the trial who were on the train suggested that they were in fear for their lives because of what Jordan Neely was ranting. He was ranting about being quote-unquote willing to die and to go to jail. One of the strangers testified that she was scared bleepless to hear Neely rant and then thanked Penny for stepping in to restrain Neely.

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166.471 - 182.462 Ben Shapiro

He was literally ranting on the subway, quote, someone is going to die today. Another woman on the train told jurors she feared for her life after hearing Jordan Neely's, quote, quote, satanic rant. And a mother who was taking her five-year-old son to a doctor's appointment testified that she was so scared she barricaded her son behind his stroller.

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Chapter 6: What criticisms were made about the prosecution?

184.591 - 203.124 Ben Shapiro

So the evidence showed that Neely wasn't carrying a weapon, but that isn't the question. If you have a mentally ill person on a subway train and he's abusing people, saying he's going to kill somebody, obviously you don't require a weapon in order to kill somebody. Prosecutors argued that his activity, Daniel Penney's, went too far because he kept Neely in a hold.

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Chapter 7: What implications does this verdict have for self-defense laws?

203.164 - 223.86 Ben Shapiro

But he kept him in a hold until law enforcement arrived. Jurors ended up watching all the footage from the six-minute video. Penny kept holding Neely despite witnesses saying to let him go, but it was unclear, again, because Penny was behind him, whether or not he had any sort of submission in place. Bottom line is this never should have reached trial.

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Chapter 8: What legal precedents could this case set?

223.88 - 243.902 Ben Shapiro

It's ridiculous that it was on trial in the first place. The lawyer in this particular case, the prosecutor, is a far-left Soros prosecutor. who has in the past attempted to let criminals off the hook based on their sad sack life stories. And in fact, the judge did his best in this particular case to ensure that Penny would be convicted. So the jury deadlocked on the manslaughter count.

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244.844 - 262.395 Ben Shapiro

So what did the judge do? Instead of dismissing all counts on that basis, the judge then dismissed the manslaughter count in order so that the jury could consider the lower possible charge. That was a violation of the original verdict sheet that was handed out by the judge. The original crime charge, manslaughter in the second degree, said, quote,

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263.382 - 271.025 Ben Shapiro

If you find the defendant guilty of count one, manslaughter in the second degree, do not consider and do not render a verdict on count two, criminally negligent homicide.

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271.706 - 284.912 Ben Shapiro

If you find the defendant not guilty on count one, manslaughter in the second degree for the reason that the people have failed to prove beyond a reasonable doubt the defendant was not justified, you must not consider count two, criminally negligent homicide. You must also find the defendant not guilty of that count.

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285.732 - 299.796 Ben Shapiro

If you find the defendant not guilty of count one manslaughter in the second degree for some reason other than lack of justification, then proceed to consider and render a verdict on count two criminally negligent homicide. So what did the judge do? Instead of the judge saying, listen, go back in there and get me an acquittal or get me a conviction on count one.

300.316 - 321.668 Ben Shapiro

Instead of the judge doing that, the judge dismissed count one in order to allow the jury to consider count two, the criminally negligent homicide. And the standard for criminally negligent homicide is carelessness. It has to be such that the seriousness would be apparent to anyone who shares the community's general sense of right and wrong. That is obviously not present in this particular case.

323.188 - 342.015 Ben Shapiro

Again, the reality of the situation is that Neely had synthetic marijuana, K2, in his system at the time of the confrontation. He had diagnosed schizophrenia. It is amazing to me. They had the family members, Jordan Neely, who basically abandoned him. He was living on the street as a mentally ill drug addict.

342.636 - 352.342 Ben Shapiro

Suddenly they've emerged from the woodwork to now suggest that they need a payment from the city. They need a payment from Daniel Penny. That is some really, really gross stuff.

353.729 - 370.562 Ben Shapiro

The defense medical expert is a person named Dr. Satish Chundru and claimed that Neely died not from the chokehold, but, quote, from the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana. Penny said, quote, I just put him out when the cops arrived on the train platform.

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