Senior judicial analyst, Judge Andrew Napolitano, judge. So the defense presented a very solid case, showing Jordan Mealy was a homeless man on the subway. He was under the influence of drugs, suffering from mental illness. He was threatening people on the subway. A woman and her child said they felt that their lives were in danger. Daniel Penney had the training necessary as a former Marine. He was able to subdue the situation and he put him in that chokehold. It’s very unfortunate that someone died. It’s very unfortunate. That’s not what he intended, as we know.

But he was found not guilty, not responsible for this death at all. Did the jury get it right? Well, the jury understood exactly as you’ve articulated. By the way, you made a nice closing argument in behalf of the in behalf of the defense. You know, the government says, try holding your breath for five minutes and 55 seconds. That’s how long he was being choked. The defense says he’s a hero who saved people and who’s perceived their own lives to be threatened. But you can see from the Black Lives Matter fellow, a substantial misunderstanding of what happened here and the raw nerves that this has touched in the city.

This is not a case of Jordan Mealy using language to oppress anyone. This is a case of Jordan Mealy using language and his body to threaten the lives of other people. I’m anxious to hear what the jurors have to say, but I think the jurors understood this the way you just did. This was a matter of self-defense and defense of others, which, by the way, is frowned upon by the legislature of the state of New York. So the judge told the jury Daniel Penney had the duty to retreat, meaning if there’s a way for him alone to get out of this, he should have taken it.

The jury disregarded that and viewed Penney as a hero. That’s why I’m looking forward to our colleagues interviewing the jurors. Judges will say, don’t talk to the media. Jurors are free under the law to talk to the media. And of course, we all want to know what went on in that jury. Yeah, because why this was such a big issue is, as you mentioned to me last week, that in the state of New York, again, your duty is to retreat. Your duty is to essentially walk away and not get involved. But again, we know many people in the military.

This man was a trained Marine. He saw a situation. He saw a woman and her child in need. And as a human being, he was able to subdue someone. And he did what he felt was necessary. So last night, I was sitting right here, right where your was Carl Higbee. And I’m trying to explain to Higbee the duty to retreat, which of course, is not in his constitution. It’s not. Not in the constitution of Daniel Penney, not in the constitution of any person who believes I have the right to stand my ground.

I have the right to be here. And these poor, unfortunate folks have the right not to be oppressed on the subway. The legislature has made this crazy rule. The jury, in some respect, engaged in jury nullification. That is, disregarding the law in order to produce a greater good, a greater societal good, which is the liberty of people to defend themselves and to defend others. But this is essentially destroy Daniel Penney’s life. I mean, now he’s faced with a civil suit as well in his family. I mean, he can’t walk around New York at all because people know his his face.

They’ve seen him, you know, scattered across, you know, front pages and TVs everywhere. I wonder what the next few months, few years will be like for Daniel Penney. Well, he’s he’s a defendant in a civil lawsuit. The standards are very different. You know, in a criminal case, it’s proof beyond a reasonable doubt and to a moral certainty. Consider that about 99 percent out of 100. In a civil case, it’s a preponderance of the evidence. Consider that 51 percent out of 100. So the the burden of proof, the obligation of the plaintiff’s lawyer, that’s the lawyer for the father of Jordan Neely, is a lot lower and easier to meet than the obligation, the burden of proof on the part of the on the part of the government.

I don’t know if he has an insurance policy. He certainly has a has a defense fund. I’m not sure what’s going to happen to all that cash. But Mr. Neely, senior is going to try and get his hands on it. You know, and we thought that if he was found guilty, that would make sure that people would never step in. But I think it also goes with this. He was found not guilty, but still people are going to consider, you know, if they want to step into a situation because they don’t want to get sued.

They don’t want to be on trial. They don’t want to face what Daniel Penney faced. So I think that people will think twice again before helping out their neighbor, which is unfortunate. You’re right. They will. They will. Because nobody wants to go through what he went through, even if it has a happy ending. Yeah, absolutely. Judge, thank you so much. You’re welcome, Charlotte. Always a pleasure. [tr:trw].

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