NEW YORK, NY - When Marine veteran Daniel Penny interceded on behalf of subway riders in New York to subdue an unhinged lunatic who was threatening passengers’ lives, most right-thinking people stood back and applauded his actions. While most people would sit there and turn the other way or turn tail and run, Penny accosted the man, Jordan Neely, and saved untold lives. What reward did Penny receive for his actions?
Calorically challenged Manhattan District Attorney Alvin Bragg had him indicted for manslaughter after Neely died.
Penny’s trial began last week in Manhattan, and a new revelation revealed that Bragg, who loves him some criminals, may have acted too quickly in having Penny charged.
During the incident in May 2023, Neely was on a subway train and began acting erratically, lunging at women and children on the train. Penny sprang into action and subdued Neely by putting him in what was described as a “chokehold.” Bragg alleged that Neely died as a result of the “chokehold,” RedState reported at the time.
Video of the incident already called into question the manslaughter charges since it clearly showed Neely breathing for a “significant time” after the altercation. Moreover, Penny placed Neely in the “recovery position,” a first aid technique used for people who are unconscious but breathing. The position helps keep the subject’s airway open and prevents fluids from draining into the lungs. It was clear that Penny was trying to treat Neely after he subdued him.
Newly released bodycam footage shows that not only was Neely breathing when first responders arrived, but responding NYPD officers refused to give him rescue breathing, instead using Narcan, which made sense because they believed he had overdosed on drugs.
RedState reported:
Two police officers confirmed that Neely still had a pulse when they arrived.
“I got a pulse,” one said. A second police officer confirmed that he, too, felt a pulse.
Neely was unconscious, lying on the subway car floor.
When asked how Neely ended up there, Penny replied: “I put him out.”
Despite initially detecting a pulse, they issued Narcan–the drug used to reverse opioid overdoses–to Neely–and started CPR at 2:38 pm.
According to an NYPD sergeant’s testimony, he said responding officers didn’t give Neely mouth-to-mouth breathing because “he seemed like a drug user” who might give them “hepatitis.”
“He seemed to be a drug user…he was an apparent drug user. He was very dirty. I didn’t want them to get…hepatitis.
“If he did wake up, he would have been vomiting. I didn’t want my officers to do that.
“He was filthy. He looked like a homeless individual. You have to protect your officer.
“I wouldn’t want my officer to get sick if the person throws up,” he said.
The sergeant’s testimony raises several questions, not the least of which is if officers had indeed begun rescue breathing (although by all accounts, Neely was breathing), would that have made a difference? Did the application of Narcan contribute to his death?
To be clear, we are not laying this on the NYPD. Not at all. Any police officer being in similar circumstances and believing they were possibly dealing with an IV drug user would not have performed rescue breathing on Neely. In fact, that would likely go against their training.
One possible side effect of Narcan is an allergic reaction. Was Neely allergic to the drug? That is unknown, but it might be an angle for the defense.
To get a conviction for Manslaughter in the Second Degree, the Manhattan DA must prove, beyond a reasonable doubt, that Penny’s conduct “recklessly cause[d] the death of another person.
The statute defines “recklessly” as:
A person acts RECKLESSLY with respect to a death when that person engages in conduct which creates or contributes to a substantial and unjustifiable risk that another person’s death will occur, and when he or she is aware of and consciously disregards that risk, and when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. [emphasis added]
Witnesses on the train said that Penny saved their lives and called him a “hero.” Penny was dealing with an unhinged man, out of control and threatening people. Based on that, his conduct didn’t constitute “a gross deviation from the standard of conduct that a reasonable person would observe in the situation.”
New York does not have “stand your ground” laws, which means if someone can avoid confrontation and retreat, they must do so. Clearly, underground in a subway train, it would have been impossible for Penny or anyone else in that car to retreat. Under New York state law, it appeared Penny, acting in defense of his life and others, had a right to intervene.
The jury must prove that Penny’s conduct was “reckless” and that his specific actions caused Neely’s death. The fact that he attempted to provide first aid immediately and that Neely was breathing normally upon arrival of first responders seems to remove “reckless” from the equation.
New York City would be better if Alvin Bragg spent as much time going after criminals as he does American heroes like Daniel Penny and former presidents who belong to the wrong party.
Comments
2024-11-04T16:06-0600 | Comment by: Michael
"New York City would be better if Alvin Bragg spent as much time going after criminals as he does American heroes like Daniel Penny and former presidents who belong to the wrong party." NY would be better if DA's like Bragg were disbarred for the politically motivated actions he has taken.