This accusation, more than any other, demands dismissal.
A defense motion brief obtained by Fox News on Tuesday shed fresh insight on the case of Marine Corps veteran Daniel Penny, who is facing manslaughter and criminally negligent homicide charges in fresh York City.
And the details should cause the case to be dismissed.
Penny is charged in the killing of Jordan Neely, a 30-year-old man with a history of mental illness and violent criminality, on May 1.
The event occurred aboard a subway vehicle in Manhattan, a confined space where passengers were at the mercy of a guy openly threatening women and children.
And, as evidenced by grand jury testimony recounted in the brief – testimony that creates a picture of the environment on the F train that day – those passengers were afraid.
According to the brief, one mother recalled trembling behind her son’s baby stroller as Neely made “half-lunge” moves toward riders.
When a high school student overheard Neely say, “Someone is going to die today,” she began to pray for the subway doors to open so she could escape.
Another commuter, a retired woman who had used the subway for decades, recounted how terrifying it was:
“I have been riding the subway for many years,” she said, according to the brief. “I have encountered many things, but nothing that put fear into me like that.”
And Penny took action.
“I remember, like, looking to my right, seeing the mom cover her kid, and then looking left, and in like the snap of a finger I saw Mr. Penny come up behind, put his hand on Mr. Neely, and then they were both down on the ground,” a grand jury witness testified, according to the brief.
Even in the formal legal documents, the relief in those lines is almost palpable — a deliverance from evil emerging on the scene as Penny grabbed Neely in a chokehold and, with the help of two other men, stopped the threat to the remaining passengers.
Penny would be cheered in a normal setting and at a normal moment. Nobody has accused him of murdering Neely on purpose. He wasn’t even detained right away after being questioned by cops.
But this was in Manhattan, where leftist District Attorney Alvin Bragg rules supreme – a prosecutor who has time to go after former President Donald Trump on absurd financial matters (and garner liberal media accolades) but no time to deal with the actual crime on his streets.
And in a situation where he has the opportunity to introduce race into the court system — Penny is white, Neely is black — Bragg does not hold back. When given the opportunity to use the justice system against a white man — a Marine Corps veteran with an honorable discharge who felt a commitment to protect the powerless — he performed admirably.
Penny’s defense attorneys submitted a brief seeking dismissal of the case on the basis that medical examiner Cynthia Harris’ evidence may have misled grand jurors as to the cause of Neely’s death.
There’s little doubt that Penny’s chokehold killed Neely, but the fact that he died an hour after the ride stopped, according to the brief, suggests that Penny never intended to take the man’s life.
More to the point, grand jury testimony revealed that individuals who were present, trapped in a rocking subway car with a raving madman in their midst, were grateful Penny was on the scene.
It’s practically a legal axiom that even a half-witted prosecutor can “indict a ham sandwich,” but as the legal brief notes, the New York Supreme Court has declared that “the prosecutor is charged with duty not only to secure indictments, but also to see that justice is done.”
Common sense in the United States concurs. Nobody is claiming that Jordan Neely deserved to die. Daniel Penny has never said that, and there is no evidence that he intended to.
But when a plainly demented individual threatens the innocent and has no fear of prison or the law, something must be done, and someone must act.
Penny did that, and his fellow riders were appreciative, as should the rest of the country.
Neely’s death is on his own shoulders, and any “justice” he seeks is now well beyond human reach.
But if there was ever an indictment against a criminal defendant that needed to be dismissed, this is it.
This country is going to hell in a handbasket thanks to the liberal lunatics in charge.
I don’t know about you but I am sick and tired of seeing it but also so over funding all this nonsense.
It seems like every company lately is all about shoving the woke agenda down our throats.
Then there is the whole absurdity that is called, “Biden-nomics”
Everyone I know is struggling with inflation in our country.
We all want to save money to feed our families.
Every single one of us is doing our best to make a dollar stretch, but the elites in this world are sinister.
Not only have they caused this global issue with inflation but they also are poisoning our foods that make us all sick.
Oh, but it gets worse.
As conservatives, we want to support American products and companies that align with our values, right?
Every day we are fighting the culture war that is destroying our nation and when we go to the store we are funding it with our dollars.
However, it doesn’t have to be that way and I am so excited to find alternatives.
The only “catch”?
It’s Invite only.
Good thing you know someone that has the invites….(me!).
Yep! I would not make a suggestion if I wasn’t going to hook you up.
If you’d like to find out more and get a FREE personal invite, just go here and tell them SASSY sent you: https://bigboxswitch.com/
It’s the real deal for sure, and since it is invite only and does not run like other corrupt conglomerates they may have the SHUT OFF invites if they grow too fast.
We need to stop sending our dollars to the corporations that hate us and want to see us gone!
Remember the Georgia Guidestones?
They literally told us they wanted to reduce us from 8 billion people on Earth down to only 500 million.
No big deal, right?
Just an elimination of 94% of all people living right now.
And yet we continue to shop at their big stores and send them our money because until now we’ve had little choice.
Well, today that changes.
It’s time to “ditch and switch” and change where you send your dollars each month.
What if I told you instead of sending your money to Jeff Bezos and Costco and Walmart, you could shop at the LAST pro-America, freedom-loving, American designer, manufacturer, and shipper of all the stuff you buy each month?
Oh, and what if I told you the products are BETTER and often CHEAPER?
Yes, for real.
And what if I told you this is the best-kept secret you’ve never heard of before, but that this company has been doing this for the last 37 years?
And their founder was once placed on Barack Hussein Obama’s list of the Top 10 most “Dangerous Conservatives” in America?
(a list I one day hope to make myself!)
All of that is real and I’m so excited to tell you about it and I hope you’ll join the MISSION with me.
Here’s a quick summary of this company that I’m so excited to now be partnered up with on this mission:
Sound good to anyone else?
I can get you in, but you can’t just go sign up.
They only want people on the same mission to join and they’re happy to say “no” to the Far-Left Libs!
They’ve been doing it for 37 years, and it works great.
Oh, and did I mention the products are non-toxic and don’t have all the chemicals and crap like Red Dye 40 that all the Big Corporations put in their products to weaken you?
To wear you down?
To make you — and your family — sick?
Because then when you get sick you’ll buy their drugs!
Sorry folks, I don’t play that game and neither does my family.
We’re talking about the LAST all-natural, grass-fed, no-hormones, massive beef cattle ranch in the United States….
We’re talking fluoride-free toothpaste, chemical-free cleaners, and Deet-free mosquito repellant!
What novel concepts, right?
Stop sending your money to these 11 corporations that do NOT have your best interest at heart:
It’s an ILLUSION of choice.
There’s only one pro-American, American-made and manufactured, chemical-free, toxin-free, hormone-free, company left….and I’m teaming up with them to FIGHT BACK!
As I said, it’s Invite Only and the invite is entirely free!
In fact, I’ve assembled a team of patriots who will personally get you invited and signed up….if you want in.
Folks, we don’t have many strongholds left.
This is one.
And I’m all in.
If you’d like to find out more and get a FREE personal invite, just go here: https://bigboxswitch.com/
Tell them Sassy sent you and I promise you will get a personal call or text. If you want an email make sure you use one where one of the team members can get in touch with you.
Don’t freak out when you do.
And make sure you tell them you are interested in the Black Angus beef!
I know I tend to get concerned when I get messages from numbers I don’t recognize, but if you request a Free Invite (Link here: https://bigboxswitch.com/ you WILL have someone from my Inner Circle reach out to you….so be ready!
These are awesome people and I think you’ll love getting a chance to talk with them.
And they’ll help get you all set up.
Who’s with me?