We got breaking news. Daniel Penny, the man who killed an individual by choking him. Jordan Nealy, killed this man while in public transit. Has been found not guilty. The man was homeless, going through a difficult day at the time. [00:00:15] I'm going to remind you of the incident and then give you the details as to the verdict. Here it is. [00:00:42] Critical mass. Let me give you the background as to what happened. Daniel Penny was acquitted on Monday. Criminally negligent homicide. That was the charge. Okay. Criminally negligent homicide. That is not murder. One criminally negligent homicide in [00:01:01] the chokehold death of Mr. Jordan Nealy, a 30 year old homeless man with a history of mental illness whose final moments on a New York City subway train were captured on bystander [00:01:16] video that set off weeks of protest and drew national attention. The decision on the fifth day of deliberations came after the jury deadlocked Friday on the more serious [00:01:33] charge of manslaughter, leading the judge to dismiss the manslaughter charge. Penny faced up to four years in prison as the jury foreperson read the not guilty verdict. [00:01:49] Some observers in the courtroom applauded. Others began to sob and yell, including Mr. Nealy's father, Andre Zachary, who was escorted out. Quote, This is America. This is the sound of black pain, one person said outside of the courtroom [00:02:05] in lower Manhattan to the reaction chants of no justice, no peace could be heard echoing from outside. The case divided people in New York and beyond, in some cases along political and racial lines. Neither was black. Penny is white. [00:02:21] Some people view Penny as a callous, as callous, and his actions as criminal. On the day he encountered Neely, who had been shouting and acting erratically when he boarded a subway train in Manhattan on May 1st, 2023. [00:02:37] Others contend Penny was selfless and in his attempt to protect fellow passengers. The Manhattan Da Alvin Bragg said he respected the jury's verdict. The jury deliberated for about an hour on the criminally negligent homicide charge. After about four days spent considering the manslaughter charge, which, by [00:02:55] the way, once again they were deadlocked, both their lengthy deliberation and the totality of the facts and and the evidence underscored why this case was put in front of a jury of Mr. Penny's peers, Bragg said in a statement. [00:03:10] The anonymous jury, made up of seven women and five men, were told before they began deliberating that they had to come to a unanimous decision on the charge of manslaughter in the second degree before moving on to. Consider criminally negligent homicide. [00:03:26] But basically the judge, you know. Eradicated that when he dismissed it. Okay. To me, the jury got it wrong. All right. That's my opinion. And the reason I say that is because the provocation of violence never happened. [00:03:42] This was a man who seemingly was having a mental health day. Alright. And if you took the prerequisite of shouting and acting somewhat erratic as excusable, pretense in order to kill someone, [00:03:59] then you can kill one fifth of the people right now who may be at Fulton County Jail and other places where they incarcerate the mentally ill. Okay. There's no justification for killing them. And the way it happened, people lied initially to protect this individual [00:04:16] really was to protect themselves. They came out in court and said so they embellished what really happened until video of bystanders said contrary to their on the record statements. And then one guy tried to hide from the police who was involved in the incident itself was very sad. [00:04:33] It's at this point the jury, jurors across America in particular, have been desensitized to the reality of the sanctity of human life. They don't value it. I want you to think about how the wheels of justice move for people [00:04:51] who are important to them, and how it's slow to move for people who are not. This is just part of that system. And don't think these systems are contrary to people, are contrary to the people who run them. [00:05:07] These systems are permeations of the people who run them. And sometimes those systems also include members of a jury. - All right, dear brother, thoughts here. - Yeah. I mean, this is just BS. At the end of the day, it just is like there are so many [00:05:24] other things that could have been done. Even if you're going to put him in a chokehold, maybe not quite as hard, maybe not for quite as long, you know, as if you weren't aware that he was being incapacitated, even if he would have got hit in the face or something, that he probably wouldn't be dead today. So at the end of the day, a man is dead unnecessarily. [00:05:42] And it just really excuse me. It's just really crazy how, you know, certain elements of this country, including people on the left, want black people to act like America isn't racist. And it's examples like this that show. [00:05:57] Yes, it still is a structurally and institutionally. I mean, if you like, you know, even if you take this to, to the election, right, you know, Donald Trump, a man who should be in prison, a man who had dozens and dozens of felonies, literally tried to overthrow the country. And yet he can be the president again. [00:06:13] Then they talk about Kamala and it's like, oh, well, she wasn't perfect and she didn't do X, Y, and Z. It's like, but, but but everything that Trump did that was good enough for him, right? Man who ran on a campaign of nothing but racism and gibberish. He's where he is. Then we see stuff like this a black man gets killed in a subway. [00:06:28] Oh, you can go free. It's. You were just trying to defend the people. It's okay. Black man gets shot. Black man gets shot again by police, gets his neck stood on. We just supposed to accept all of this stuff and pretend like, you know, racist, the racist elements of white America. [00:06:43] Because clearly not all white people are like this, but a huge chunk of them are. Or they just put their head in the sand and don't care. We're supposed to act like, oh, well, it's just because people don't have free health care. That's why they're okay with all this racism. Like, no, no no no no no, no. Racism is still very real. [00:07:00] And it's the foundations of how this country was made. And this is just yet another example of it. So every day black and brown people have to deal with this and then listen to certain elements of the country be like, oh no, no, that's not what's going on. Like, no, clearly that's what's going on. [00:07:15] What is the right wing talk about constantly. Die, die, die. There's too many black and brown people in corporate America. If you're there, you were a die hire. There's too many black and brown people in the country. Black and brown people are criminals. Gay people need to go back in the closet. Women need to be. [00:07:30] There's all they talk about. It is all they talk about. But all of a sudden when it when when things get real, that's not the issue. No, that is the issue. And we need to stop pretending like it isn't. That's right, that's right. Well said.