A jury has found former marine Daniel Penny NOT GUILTY of criminally negligent homicide in the death of Jordan Neely. Glenn and Stu are shocked, especially since the jury couldn’t decide whether to convict him of second-degree manslaughter. But while this is a good outcome for justice, Glenn and Stu argue that it isn’t a perfect outcome: This case should have never gone to trial in the first place! The guys explain why Penny should have been seen as a hero, especially by those in New York City who know how subways work. Plus, they discuss how the leftist BLM crowds will react to the verdict.
Transcript
Below is a rush transcript that may contain errors
GLENN: Well, the Daniel Penny verdict has come out, and he has now been found "not guilty."
STU: Yes!
GLENN: Thank God.
STU: Thank God there's some justice.
GLENN: What's weird. First of all, the judge, I think broke the law. I think the judge and what's his name? The district attorney up there, in New York. Really, they should be disbarred. What they did in this particular case, was wrong.
When you have multiple counts, and you're hung on the first count.
You don't go to the second count.
You -- you declare a mistrial.
But the judge, because of -- is it Alvin Bragg?
STU: He's the DA.
GLENN: Yeah. The DA. Alvin Bragg went and said, we will accept that they're hung on that.
Just have them consider the lesser charge.
Well, that's not the way it works.
You don't do that.
And he was just trying to get them to convict.
And somehow or another, they went back today, with very little time.
And found him 12-zero.
Not guilty.
Which is weird, that they were hung, on the more serious charge.
STU: More serious charge. Yeah.
GLENN: I think it's like, guys, it's Christmas.
I've got to go shopping.
Just all right. Whatever.
I mean, honestly, it might have been that.
I don't know why, on the lesser charge, they didn't have a hard time
STU: Someone was sharing, one of the courtroom drawings of the jury.
GLENN: Yeah.
STU: And one of the people was wearing a mask.
And they were saying, this has to be the person, who is holding this up. It kind of does make sense. I don't know if it actually is accurate.
GLENN: Either that or it was the guy who shot the United Health Care guy.
What a great place to hide out. Hiding in the jury box.
STU: Yeah. He's great.
Fascinating thing. You know, not exactly a banner year for Alvin Bragg.
He's had a rough one. Really, an embarrassment in every single way.
GLENN: No, he really has. I honestly don't know why he's not being recalled. Other than it's New York.
STU: Even in California, they've been recalling these guys. They've been defeating them in elections.
And this approach of we only go after the good guys, and let all the bad guys go.
It's not an approach, the American people are comfortable with.
That's something, I think -- it's a message we --
GLENN: I don't even know how the Good Samaritan law just didn't apply to him.
He obviously was not trying to kill the guy.
STU: Obviously.
And they knew that.
You could see it in the interview afterward.
GLENN: Right.
STU: Quite clear.
GLENN: So how did the Good Samaritan law not apply?
STU: What version of New York has of that law, precisely.
And obviously, I think --
GLENN: Oh, it's probably a good Samaritan law, if you're a Good Samaritan. And you're trying to cause harm, but it's on a white person.
STU: Yeah. I would not be surprised, if that's exactly how it's written.
GLENN: And you are somebody who is in any of the other categories, then it's --
STU: That's how it's applied.
GLENN: That is how it's applied.
STU: Right?
GLENN: By the way, the threats are being issued now.
After the jury finds him guilty.
And activists --
STU: Not guilty.
GLENN: Yeah. Not guilty.
And they are also -- activists are in the streets of New York, right now. Protesting. That he wasn't --
STU: It's very difficult to even understand. I mean, because some of the people who he was protecting on the subway, were people of color, if you will.
GLENN: Yeah. There wasn't -- I don't think there was anyone on the subway, that wasn't happy about it too. They were all -- everybody in the car were like, thank you. Thank you. Thank you.
STU: Yeah, they may not have been happy that he died. And I don't think anyone was, including Daniel Penny. Right?
But they saw this as a clear, legitimate threat to their well-being. As they clarified in their testimony, it was not yet another one of these crazy people on the subway if you've been in New York City.
And this is a weird -- I think it's a weird experience for anyone who has never been there or worked there as we have.
But it's like, very much a normal part of your life, to go on the subway.
And have a crazy person get on the subway, and do something crazy, while you're on the subway. In an enclosed metal tube.
It's a weird experience.
And you get really used to kind of looking at your shoes.
And looking the other way. And acting like this thing, that would have been the story you told your friends, every single day, if you live in any other city.
You just ignore it. And act like it's not happening.
GLENN: I'm trying to remember the comedian, that has the special happy face. He's so funny.
He talks about, just getting on the subway in New York.
Just trying not to get high on crack.
He's like, somebody comes in, in the subway.
And they're smoking crack.
And somebody is like, hey, you can't do that here. Like the guy cares.
Oh, my gosh. This is so unlike me.
Oh, there's a child here, I'm so embarrassed. And you just try not to get high on crack!
STU: Right, it always reminded me of how gun-free zones were really stupid.
In that, the people who were coming to murder, don't care about the gun-free zones.
The people who are coming to smoke crack on the subway. They don't care about your subway crack laws.
GLENN: They don't care. They don't care.
STU: They don't care. So the people who were actually testifying in the trial.
Made clear distinction between that normal part of New York life of someone coming on the subway.
And acting a little crazy, and maybe a little threatening. And what this guy was doing.
They said, they really believed they were in danger. And I think that was the correct assumption.
He was saying, he didn't care what the -- you know, if you went to prison for life, he was going to kill people. He was threatening them directly.
The fact that Daniel Penny stopped that.
Or God forbid, whatever it could have become, from happening, means he should be treated as a hero, not as someone who is on trial.
And the fact that this came out right, is a good conciliatory prize, but not the right outcome.
GLENN: It is.
Was it Bernie Goetz?
Who was the one who shot the guy on the subway?
STU: Bernie Goetz is one of them.
GLENN: What happened to him?
STU: He got off too, if I remember correctly.
GLENN: Isn't it weird, it's the same out of control city?
Where somebody is just -- you know, everybody knows, they're afraid on the subway.
Everybody knows, crime is everywhere.
And nobody does anything.
And Bernhard Goetz took a gun on the subway, shot a guy of control. Went through the same thing and was found innocent. I believe.
STU: And it was -- it was more -- I would say, more controversial than this one.
GLENN: Oh, yeah.
Because he was carrying a gun.
STU: Right. And he was actually -- he was, firm right, convicted of carrying an illegal firearm. Firearm. He was not supposed to have without a permit. But that's all he was -- that's all he got.
GLENN: Right.
STU: In this case, this is quite clear.
And, you know, it's disturbing, the way that he was interviewed. He's interviewed as if the police were his friend. And they were trying to suss all this out.
In a positive way. I didn't like that at all.
GLENN: You said a couple of things that stuck out to me a couple weeks ago.
You said, I finally get, the police are not your friends. Do not talk to the police without your attorney.
STU: Yeah. I've always been, you know, I have great interactions with police. I think that's still the norm. But you don't know.
STU: You don't know.
Popping into my head. Is Jeff Fisher. Host of a podcast here on Blaze -- TheBlaze podcast network.
And he always says this. He carries a card with him. That gives you the outline of don't talk to the police.
You know, they're not your friends. He has a whole little six-step plan. You are ever talked to.
GLENN: Is it written in crayon?
STU: No. It's not his writing.
It's just his card. He just has so much legal trouble. He has to have it with him at all times. I remember him showing it to me at times. All right. Most interactions. It's totally fine to talk to police.
After watching that with Penny, I was like, gosh. If you do something right -- if God forbid, you have to use your Second Amendment rights in personal defense.
GLENN: Oh, my gosh.
STU: I wouldn't say word one, to the police.
Not because I don't think the police are trustworthy. I think they are. But there's a system around it.
And, frankly, you can't trust anybody.
And there's a system around it. That will churn that into, a -- you know, something where you are a racist. Or you are -- I don't know what they're going to say about you.
The best thing is, just zip it.
GLENN: If the government wants to get you, they will get you. They will get you.
STU: Yeah. I think that's true.
They hold all of the cards.
STU: Especially in a place like New York.
GLENN: Oh, my gosh.
STU: Especially.
If you're a conservative living in New York. It's -- I don't know how you do it.
GLENN: I don't know why you do it. Honestly.
STU: You did it.
GLENN: I did it.
STU: Years ago. But you did it.
I don't think things were nearly as bad. When you were there.
I don't think they were great.
GLENN: Do you remember the process of trying to get a gun?
My life was at stake.
You know, all the time. Had to have six security guys with me. You know, in rotation. All the time.
Sometimes all six of them.
And couldn't get a -- couldn't get a -- no. The judge just didn't think it was necessary, that my threats were credible.
It's like, here's -- remember the end of miracle on 34th Street. I want that proof on my desk. And they came in with all the bags of letters from Santa Claus. That's kind of like the way I felt like.
Oh, I can bring you the proof.
What are you talking about?
It's insane.
STU: Let me give you another movie, that tells the same story.
It's a United Health Care CEO walking to work.
GLENN: Yeah.
STU: You think you don't need protection in that city. This poor guy just walking to work, with a wife and two kids. Just gets executed in the streets. And most of the city seems to be cheering on the murderer.
And, you know, in a world like that, you don't need protection in that city?
Of course, you do. There's a great -- I think it's like a flowchart in one of your books. I can't remember which one was it.
Might have been arguing with the idiots.
It's one of the earlier ones from the guns.
How to buy a gun in New York.
GLENN: Yeah. It was --
STU: I want to say, argue winning idiots. Inconvenient Book, maybe. I don't remember.
Oh, you have one of them. You can flip through it. There is -- if there's a gun chapter. Probably it's in there.
But there's a flowchart on how to get one in New York.
And it was actually a person who was Kevin. Who was a coauthor of the book, who actually tried to do it and went through the entire process.
It is insanity. Insanity. It's step after step after step.
Submitting paperwork.
Going back. Resubmitting it.
Over and over and over again.
And it's like to the point where they know actually in reality, what you're doing.
They know they're on the -- they should approve it. But they do everything they can, to did know it.
It's similar to what they're accusing health care companies of.
GLENN: It's exactly the same.
They just wear you out.
STU: Yeah. They just wear you out. It's years.
GLENN: Until you're like, I can't.
Who can do that? Who can do that?
STU: I will say, this is not a paid commercial.
Good time to think about a Byrna launcher.
Because that is legal in all 50 states. Again, check your local laws just to be sure. Triple sure.
I know it's legal in states. I don't know if cities have it. Be sure. Be careful.
Make sure you check.
That is exactly the type of thing that the Byrna launcher is --
GLENN: This is something that I don't understand.
And again, not a commercial.
I don't understand why those aren't in every school.
In every school in America.
Why aren't those in schools?
STU: They're non-lethal.
GLENN: Non-lethal. So you won't kill any of the children.
You might make some of them cry with tear gas. You don't have to be a good shot.
You can put your hand just outside the door. And aim it down the hallway. Towards the guy who is shooting.
And if you're here -- within 6 feet. It will stop him.
It's going to put him in tear gas, and give everybody a chance to pile on that guy
STU: Yeah. I don't understand it either.
GLENN: You're not going to kill any children. Why would -- it's almost as if somebody doesn't want to solve this. Because that is -- that is the solution, is a Byrna launcher.
STU: Yeah. It's at least -- a great part of it, at the very least.
And it -- it's available. It's affordable.
GLENN: If you're ever on a school board, you should suggest that.