Daniel Penny and Alvin Bragg

Well, one month ago, I predicted that the Manhattan DA’s Office would read the statute to the Grand Jury thereby deliberately throwing the case, and that the charges against Daniel Penny would be dismissed.

Silly me! I had based my prediction on my own experiences with the same DA’s Office forty years ago this year. Once again, I find that America has changed dramatically in the course of my lifetime and, as always, for the worse.

Back in the 1980s, then as now, NYC was a corrupt democrat party machine-run one-party state. The democrats were liberals then, but they were cynical, corrupt, pragmatic liberals. Today’s democrat party sometime ago surrendered power to commie crazies like Bill de Blasio and professional race-baiters like Alvin Bragg.

The 1980s DA’s Office backed off and threw the case against me by informing the Grand Jury what the law actually says partly, I expect, because it was the right thing to do, but probably more significantly because it had been made clear to them that prosecuting me would bring down on their heads huge amounts of controversy and public criticism.

The 1980s guys were primarily pragmatists. Alvin Bragg is an ideologue whose career is built upon whipping up the emotions of his homies over all sorts of imaginary grievances. He can no more pass up the opportunity to depict that deceased deranged black criminal as a martyred victim than a rat can pass by a piece of cheese sitting on the trigger of a trap.

It is no fun, I can tell you, living with a possible upcoming criminal trial and facing big time legal costs for a defense, while contemplating (even a minority possibility of) conviction and imprisonment.

Happily, Daniel Penny’s Legal Defense Fund on GiveSendGo has, as of right now, amassed $2,883,009, and the law really is on his side. If he really goes to trial, the statute will for sure be read to that jury.

The Laws of New York > Consolidated Laws of New York > CHAPTER 40 Penal > PART 1 > General Provisions > TITLE C > Defenses > ARTICLE 35 Defense of Justification

SECTION 35.30
Justification; use of physical force in making an arrest or in preventing an escape

4. A private person acting on his or her own account may use physical
force, other than deadly physical force, upon another person when and to
the extent that he or she reasonably believes such to be necessary to
effect an arrest or to prevent the escape from custody of a person whom
he or she reasonably believes to have committed an offense and who in
fact has committed such offense; and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:

(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force. …

Ex-Marine Daniel Penny is the spitting image of “The Dying Gaul,” one of the most famous statues from Hellenistic Antiquity. The Capitoline Museum has a Third Century B.C. marble copy found in the early 17th Century of a Fourth Century B.C. bronze original by Epigonus.

What could possibly be a more classic heart-warming American story than an occasion in which a dangerous psychopath with a lengthy criminal record, currently wanted for arrest, begins menacing the passengers on a New York City Subway car and is forcibly subdued by a former US Marine who happens to be on hand?

Clearly they don’t make bad guys today the way they used to, since in this case, just like in several other recent cases of low-life scumbags being forcibly restrained, what do you know? the public menace who never will be missed upped and died.

And what could possibly be more infuriating and depressing than today’s government and established media response to the Good Samaritan’s actions?

The older, mentally-normal America I grew up in would have smiled at the Marine’s heroism and shrugged dismissively at the loss of the deceased, the public menace and public nuisance with the huge criminal record, who fell through his own fault in the course of being up to no good.

Today’s crazy-out-of-its-mind Woke elite Establishment looks upon minority psychos and career criminals the way Hindus look upon their sacred cows. They are holy, untouchable beings who must be permitted to go their own way and do their own thing, law-breaking, stealing, looting, assaulting people, because they are officially-designated VICTIMS. Nothing they do, nothing they are can possibly be their own fault. It’s the rest of us, Society as a whole, that is to blame.

Jordan Neely, you see, was crazy and justifiably angry, because he was born poor. He was naturally, just like everybody else, entitled to have been born to an affluent Ivy league background family residing in Greenwich or Chevy Chase or La Jolla. Read the rest of this entry »