The jury is deadlocked on the manslaughter charge because they cannot reach a unanimous decision. Some jurors may believe Daniel Penny acted heroically in subduing Jordan Neely, who was threatening passengers on a subway, while others may view his actions as reckless.
Daniel Penny immediately told police he was only trying to stop Neely and did not know Neely had died. Witnesses testified that Neely was threatening passengers, and Penny placed him in the recovery position after subduing him, indicating a lack of intent to kill.
The Allen charge is a jury instruction given to a hung jury, urging them to reach a verdict. It is controversial because critics argue it can pressure jurors to change their views under peer pressure. The judge may use it to force a decision in Penny's case.
Jordan Neely was mentally ill, high on K2 (a synthetic marijuana drug), and had an active arrest warrant. He was shouting death threats on the subway, stating someone would die that day, and had a history of violent behavior, including a 2021 assault on a 67-year-old woman.
Critics argue that Penny acted to protect passengers from a violent and threatening individual, and his actions were not reckless. They point out that Neely had a history of violence and was high on drugs, making Penny's intervention seem justified rather than criminal.
If convicted on the manslaughter charge, Daniel Penny faces a maximum punishment of 15 years in prison. The lesser charge of criminally negligent homicide carries a maximum of four years.
The case highlights tensions between public safety and criminal justice reform. It raises questions about how to handle mentally ill individuals who pose a threat, the role of vigilantism, and the potential consequences of prosecuting those who intervene in dangerous situations.
The Daniel Penny jury is deadlocked on the most serious charge, and this is not good. It's hard to say if it's bad just yet. One way to look at it is that there are people who are unwilling to throw Daniel Penny, a hero, onto the bus. But I want to make sure I break down for you exactly what it is that happened and why he is a hero and why it matters. Daniel Penny is not guilty.
He did not intend to kill anybody. He did not act negligently. There was a man threatening people on a train who was mentally ill and had a warrant for his arrest. And Daniel Penny subdued him along with two others. People on the train gave witness statements that they felt relieved. They believe that Daniel Penny saved their lives. It is sad that anybody would die in this circumstance, especially someone who is mentally unwell.
But Daniel Penny stated to police immediately after the fact, no, he was just trying to stop the guy. He wasn't trying to kill him or anything like that. In fact, Daniel Penny did not even know that Jordan Neely had died. But now deranged individuals who believe the criminals should roam the streets freely are trying to put this man in prison.
Now, here's a scary reality. It did feel like with as long as it was taking, this was going to be a hung jury. But we're not there yet. The jury has informed the judge they're deadlocked on the most serious charge, and they may now be instructed to just come up with a verdict. The question we are looking at is, will those who believe in justice stand and say, no, we will not put this young man in prison?
Or will they just say, I am scared? I don't know. What I can say now is it does seem like there is a deep ideological battle happening with the jury. The fact that it's deadlocked at all. I think you take one look at that at those videos. You spend only 10 seconds. You go not guilty. That's it. I hear the witnesses not guilty. I hear Daniel Penny not guilty. Lest you want to live in a city where assassins will gun down anyone with impunity. We certainly don't want to live that way, do we?
This is a scary story. But let's jump into this and break this down. The jury deadlock. We do got some update on a potential Allen ruling where they would. It's based on a Supreme Court decision where they could force the jury to make these moves. Before we get started, my friends, head over to preserve gold dot com slash Tim Pool.
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Let's read the news. Let's jump to Fox News. Actually, they got a bit more details here. Daniel Penny jurors tell judge they can't agree on top charge in subway chokehold case.
Jurors in the Daniel Penny Chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car. Around 11 a.m., the jurors sent a note to the court stating, quote,
We, the jury, request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on on on count one manslaughter in the second degree.
The charge requires prosecutor to prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto a train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony. Daniel Penny, after subduing this man, it has been testified, placed him in the recovery position, then told the cops he was just trying to stop him, did not even know the dude died.
So how could you possibly say he was being reckless? What more could someone do? In Philadelphia a few years ago, a woman got raped on a train and everybody watched. Is that the world you want? Do you know what, man? This is the world that Democrats are building. In this case, I think that they can't move on count two unless they find the defendant not guilty of count one. Wiley told attorneys for both sides, despite protests from the prosecution, I have to at least try to ask the jury to find a verdict on count one.
Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison. Wiley said he would give the jurors Allen charge instructions after giving the attorneys time to review. Allen charges refer to jury instructions given to a hung jury, urging them to agree on the verdict. They have a controversial history, which critics warn can push jurors to change their views under peer pressure. They get their name from a 19 from an 1896 Supreme Court decision. Allen v. United States.
Neely was a 30 year old schizophrenia, a 30 year old with schizophrenia who told strap hangers that somebody was going to die today and that he didn't care about going to prison for life.
And he grabbed him from behind in a chokehold to stop the outburst. Neely later died. He had an active arrest warrant at the time. He was high on K2, a synthetic marijuana drug that functions as a stimulant. And his lengthy criminal record included a 2021 assault on a 67 year old woman at another subway station. Clearly, he has a history of violence, was threatening to engage in lethal force and was high on drugs. What are you supposed to do?
Penny remained at the scene and spoke with responding officers. He also agreed to speak with NYPD detectives at the Fifth Precinct building. Quote, he was talking gibberish, but these guys are pushing people in front of trains and stuff, he told investigators. There were more than 20 subway shoves in the year before Penny's encounter with Neely. Just three days earlier, a strap anger had had had been stabbed with an ice pick on a J train, according to reports at the time.
It was about a month after a PBS reporter got sucker punched on a number four train. There was a shove a week before that, and the victim hit the side of a moving R train and survived. In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them. Notice two other men assisted Penny, but only Penny was charged. Now, why is that? Witness Yvette Rosario, a 19 year old student, testified that Neely shouted someone would die that day.
Penny faces a maximum punishment of 15 years in prison if convicted on the more serious charge. And they want him in. I can't believe this. These people are evil. They are evil. OK, there are people in these places that are zombified, communist, authoritarian, all of the above evil.
It is sad that anybody lost their lives. But what what do you do when you had 20 plus subway pushings? People were pushed into trains. Their legs get severed from their bodies. Their spines get twisted. They die. These videos are crazy. There's tons of these videos that go viral.
And a guy gets in a train. You've got someone stabbed with an ice picket. You got an old woman punched in the face. And this guy, high on drugs, threatens to kill people. And Daniel Penny did nothing but try to subdue him. That's it. And there are people in that court, in that jury, who are sitting there banging on the table, smiling, saying, burn, burn it all down because they're evil. They are dangerous, ignorant or malicious. One of the above. And it is terrifying. I got a few other things for you.
Sonny Austin can hardly contain her glee for CEO Brian Thompson's execution. Listen to this. I mean, I was looking at some of the social media comments and I try to stay away from social media, but it said some of the comments were thoughts and deductibles to the family. One of the comments was, unfortunately, my condolences are out of network.
And so I think it really, isn't that something? I really think it's reflective about how people are feeling about their health care. And if you look at this particular CEO, while he made about $10 million a year, which is not actually unusual for a CEO of a company this size, this particular health company, UnitedHealthcare, is the largest company that's responsible for Medicare programs for people over the age of 65.
Our country is one of the only countries that doesn't have universal health care. And we don't take care of our elderly. And people are feeling the pinch. We talk about that all the time. And I think people are really angry at the health care system. And unfortunately, it's translating to this father's...
I don't think it's necessarily fair to say that she can't contain her glee. That's not why I'm showing this. I'm showing you. Well, I certainly think she's expressing her sentiment in a certain direction that more is likely to align with the far left and potential would be the assassin here, depending on what motivations were. But she brings up a point that I actually agree with people in this country.
largely moderate liberal to leftists. Look, don't get me wrong, conservatives don't like it too, but they're not going to do something like this. It just seems extremely unlikely. But people in this country are pushing towards extreme violence. There's two ways to view this. You've got Daniel Penny stepped up and took action to stop a violent and deranged criminal with a warrant who was high on drugs. You've got this CEO who was gunned down for some reason, but it appears to be ideologically motivated.
Now, one could argue Mike Cernovich made the point that I brought up the other day where he said Democrats were advocating for this world. It's twofold. They advocate for a world in which violent criminals are going to threaten people and threaten to kill them. And they advocate for a world where vigilantes will rise up to take action in their own hands. I look at what happened with Daniel Penny, and you can say this. If you put him in prison, expect to see more murders, politically motivated and targeted murders. At the same time,
If you stop people from being able to deal with these problems, expect to see it. It's it's it goes in two directions. The assassination of this high profile CEO is ideologically driven, but it's because they're thinking of themselves. I'm not saying the motivation is this, but for these leftists, they're saying, how else do you get accountability? So it's an arc of tyranny. Stop the violent guy in the street. Go to prison. Try to file a lawsuit. Lobby your members of Congress. Nothing changes.
All of it is creating these dangerous circumstances where violent extremists will roam freely. You know, I don't know how we how we function if this is the case. Mike Sturridge has someone of great courage stood up against the feral left wing mob. That was his response. I hope. But it could be inverse, my brother. It could have been that there's one or two jurors who want him to go to prison. The rest are like, you're crazy. But I suppose we'll see.
This is just the breaking news for now. We don't know what the verdict's going to be. It could be a hung jury. It could be a mistrial. We'll see. But I'll leave it there in this special breaking news segment I got for you on Friday. It's been a rough news week, my friends. I didn't have a full show for you today, unfortunately, but I wanted to make sure I get this one at the very least. I got a lot of work, and it takes a lot to make this stuff, this company function. So follow me on X and Instagram at TimCast. Become a member at TimCast.com to support our work directly. And thanks for hanging out, and we'll see you all next time.