IT IS 5:00 IN NEW YORK CITY AND
THIS IS THE FIVE.
MANHATTAN D.A. ACCUSED OF CAVING
TO PRESSURE AFTER CHARGING A
MARINE VETERAN WITH
SECOND-DEGREE MANSLAUGHTER.
DANIEL PENNY TURNING HIMSELF
INTO POLICE AFTER THE DEATH OF
JORDAN NEELY.
THAT COMES AS A WITNESS STEPS
FORWARD TO GIVE A FIRST-HAND
ACCOUNT OF WHAT HAPPENED.
A66-YEAR-OLD WOMAN BACKING UP
SEVERAL WITNESSES WHO SAW NEELY
MAKING AGGRESSIVE THREATS,
TELLING "THE NEW YORK POST" HE
SAID THINGS LIKE I WOULD KILL A
MOTHER F AND GO TO JAIL AND NOT
CARE.
THE MARINE’S ATTORNEY IS
SPEAKING OUT AND DEFENDING THEIR
CLIENT.
>> THIS MORNING, HE SURRENDERED
AT THE WEST NEW YORK DISTRICT THE ATTORNEY’S OFFICE AND DID SO
THE ATTORNEY’S OFFICE AND DID SO
VOLUNTARILY.
>> NEELY HAS AN EXTENSIVE
CRIMINAL HISTORY.
HE HAD BEEN ARRESTED 44 TIMES.
HE WAS ON THE TOP 50 LIST OF
HOMELESS PEOPLE WHO NEEDED HELP.
NEELY’S ATTORNEY ARGUING NONE OF
THAT SHOULD MATTER.
>> NO ONE ON THAT TRAIN ASKED
JORDAN WHAT IS WRONG.
HOW CAN I HELP YOU.
NO ONE SAID HERE YOU ARE, LET ME
MEET YOUR NEED OR HELP YOU IN
THIS SITUATION OR GIVE A WORD OF
ENCOURAGEMENT.
DANIEL PENNY DID NOT KNOW JORDAN
NEELY BEFORE THIS INCIDENT.
THAT MEANS HE DID NOT KNOW HOW
MANY TIMES HE WAS ARRESTED SO
THAT IS A NONFACTOR.
FOR ANYONE TO BRING THAT UP AND SAY IT IMPACTED THE SITUATION,
SAY IT IMPACTED THE SITUATION,
YOU CANNOT DO IT.
>> HE HAS BEEN CHARGED.
WHERE DOES THE CASE STAND?
WHAT THOUGHTS?
>> THE JUDGES INDICATED PENNY
HAS TO COME TO COURT ON JULY
JULY 17TH.
DURING THIS TIME, THE DEFENSE
HAS AN OPPORTUNITY AND CAN
DEMAND THEIR CLIENT TO TESTIFY
IN THE GRAND JURY.
THE DEFENSE WILL BE GATHERING
THEIR OWN WITNESSES THEY CAN
PRESENT.
THEY WILL ALSO GET A MEDICAL
EXAMINER.
THE DECISION BY THIS MEDICAL
EXAMINER WAS QUICK AND I CAN SAY
THAT AS A FACT.
I ALSO THINK THE GRAND JURY WILL
HAVE THE ABILITY TO MAKE A
BETTER ASSESSMENT THAN AL’S AND
GREG DID.
IT WAS A KNEE-JERK PROGRESSIVE
REACTION.
DANIEL PENNY STAYED WHEN THE
POLICE CAME, HE STAYED TO TALK
TO THE POLICE, WENT TO THE
PRECINCT TO TALK TO THE POLICE.
THE POLICE DID NOT MAKE AN
ARREST.
ALL OF A SUDDEN, AFTER EVERYONE
STARTS WRITING AND DEMANDING
SOMEONE BE ARRESTED, BRAGG SAYS
I AM GOING TO CHARGE HIM WITH A
FELONY COMPLAINT.
IF YOU ARE IN A SUBWAY CAR AND
YOU HAVE A GUY YELLING, I DON’T
CARE IF I SPEND MY LIFE IN
PRISON, I DON’T CARE IF I DIE,
THAT MEANS HE IS WILLING TO
COMMIT SUICIDE OR HOMICIDE.
IF HE SAYS I AM WILLING TO GO TO
JAIL FOR LIFE OR I WANT TO DIE,
HE IS SUICIDAL.
THEY WANT TO SAY THEY DIDN’T
KNOW HE HAD ARRESTS.
THAT IS A GOOD POINT, BUT HIS
BEHAVIOR THEY ARE, IN THAT CAR
UNDERGROUND WHERE NO ONE COULD GET OFF OR HAD THE ABILITY TO
GET OFF OR HAD THE ABILITY TO
RUN AWAY, MADE IT CLEAR THAT THE
PEOPLE THEY ARE CAN USE WHATEVER FORCE IS REASONABLY NECESSARY.
FORCE IS REASONABLY NECESSARY.
>> WHAT DO YOU MAKE OF THE
SELF-DEFENSE WORKING OUT IN THIS
CASE AND THE IMPACT THIS
EYEWITNESS SAYS?
>> THE EYEWITNESS PRAISING
DANIEL PENNY.
IF THEY HAVE A JURY OR A
GRAND JURY OF PEOPLE WHO HAD
RIDDEN THE SUBWAYS, MY ESTIMATION IS THEY WILL COME
ESTIMATION IS THEY WILL COME
BACK WITH THE CORRECT ASSESSMENT
ASSESSMENT.
OUR SOCIETY NEEDS MORE DANIEL
PENNY’S.
YOU ARE VERY FAMILIAR WITH THIS
KNIFE’S EDGE, RAZOR MOMENT AS
WILL THIS BURST INTO VIOLENCE?
EVERY PERSON KNOWS THAT
EXPERIENCE.
DANIEL PENNY STEPPED UP.
IN LIEU OF PROSECUTORS WHO FAIL
TO HOLD PEOPLE ACCOUNTABLE,
CITIZENRY THAT IS WILLING TO
HOLD BAD PEOPLE TO ACCOUNT.
WHAT HE DID OR WHAT HE WOULD
HAVE DONE THAT DAY, WE NEVER
KNOW.
WE KNOW HIS PAST AND WE HAVE
BEEN IN THE SITUATION.
THE END RESULT OF THIS HAS TO BE
MORE, NOT NECESSARILY WE WILL
ALL SIGN THE FACTS FOR
CULPABILITY.
>> WILL IS DRAWING A LINE BETWEEN HOW DANIEL PENNY ACTED
BETWEEN HOW DANIEL PENNY ACTED
AND VIGILANTISM.
THERE WAS A REAL THREAT.
HE ANSWERED THE CALL.
WHAT DO YOU THINK THE
IMPLICATIONS OF THIS GOING TO
TRIAL, PLAYING OUT, IS GOING TO
BE ON HOW PEOPLE BEHAVE ON
PUBLIC TRANSPORTATION, WALKING
DOWN THE STREET.
>> DANIEL PENNY DID NOT GET ON
THE SUBWAY HOPING THIS WOULD
HAPPEN TO HIM.
JORDAN NEELY, WHEN HE DECIDED TO
GET ON THAT TRAIN IN MAKING
THOSE THREATS, DIED AS A RESULT OF HIS ACTIONS AND THE CHOICE
OF HIS ACTIONS AND THE CHOICE
THAT THE MOM AND BRAGG HAVE MADE
IS TO SIT BY AND WATCH THIS GUY
THREATEN VIOLENCE AND HE HAS A
RECORD OF HITTING ELDERLY WOMEN
IN THE FACE, WHICH CAN BE FATAL.
THEY HAD A WARNING.
THE CHOICE THEY ARE ASKING US TO
SIT BACK AND WATCH SOMETHING
HAPPEN, WHICH HE HAD DONE BEFORE
AND THAT IS HOW HE GOT HERE.
THEY DEFUNDED THE POLICE AND NOW
THEY ARE GOING AFTER PEOPLE WHO
DARE DEFEND OTHERS.
THE FURTHER THEY GO DOWN THE ROAD OF NOT PUTTING THESE
ROAD OF NOT PUTTING THESE
CRIMINALS IN JAIL.
THE PORTRAYAL OF THE MEDIA HAS
DONE IS APPALLING.
THE PHOTOS OF HIM BEING
MICHAEL JACKSON AND DANCING ARE
FROM 2011.
THAT IS WHAT THE MEDIA IS
PORTRAYING THIS AS.
NOT A VIOLENT CRIMINAL ON THE
SUBWAY WITH AN INTENTION TO HURT
OTHERS ON SOMEONE HAVING TO STEP
IN AND MAKE THE CHOICE TO DO
THIS AND NOW HE IS BEING
PERSECUTED FOR IT.
THEY WILL NOT PERK WALK PEOPLE
LIKE NEELY, BUT THEY WILL DO IT
FOR JORDAN NEELY SO BRAGG CAN
APPEASE THE SOCIAL JUSTICE MOB.
>> YOU HAVEN’T SEEN AS MUCH OF
HIM AS A MURDERER OR THIS WAS A
LYNCHING. THE CONVERSATION HAS CALMED DOWN
THE CONVERSATION HAS CALMED DOWN
A BIT AND WHAT DO YOU THINK THAT
MEANS ABOUT THE CASE?
>> THERE IS ANOTHER SILENCE
GOING ON, THE PROTEST.
THERE WAS COLLUSION GOING ON
BETWEEN THE HOUSE AND BRAGS OF
THE WORLD AND THE PROTESTERS ON
THE STREET.
THAT IS THE NEW VARIABLE, HOW
THE MOB CAN PUT THEIR THUMB ON
THE SCALE AND INFLUENCE THE
JUSTICE SYSTEM.
I HOPE THE GUY GETS A FAIR TRIAL
BUT AS LONG AS YOU HAVE A MOB
READY TO INTIMIDATE YOU, THEY
ARE GOING TO DO IT AND THAT IS
WHAT THEY HAVE BEEN DOING. TO SUMMARIZE THE STORY, MENTALLY
TO SUMMARIZE THE STORY, MENTALLY
DERANGED VIOLENT FELON MENACING
PASSENGERS, SOMEONE GETS HELP,
THEY GET THE GUY INTO A RECOVERY
POSITION, PEOPLE THINK HIM HIM
IN THE VARIABLE THAT IS LEFT OUT
IS RACE.
THIS GUY COULD HAVE BEEN
NORWEGIAN, BUT HIS INCLINATION
FOR VIOLENCE, WHICH IS OBVIOUS,
YOU DON’T NEED TO KNOW HE HAD 44
ARRESTS TO KNOW WHAT HE IS GOING
TO DO.
IF YOU WALK THE STREETS, YOU CAN
SEE IT COMING AND YOU OFTEN DO. YOU HAVE TO RUN OR DO SOMETHING,
YOU HAVE TO RUN OR DO SOMETHING,
BUT THEY ARE OBVIOUS THREATS, SO
THE WHITE MARINE COULD BE A
BLACK MARINE.
HE IS STILL A HERO.
RACE HAS NOTHING TO DO WITH IT.
THE ONLY REASON I BRING IT UP IS
BECAUSE IT IS GOING TO BE ONE.
IT IS SO BLACK AND WHITE IN
TERMS OF A CASE.
THEY ARE GOING TO HAVE TO BRING
RACE INTO THIS AND THOSE OTHER
CRIMES WHERE IT IS A WHITE DEATH
AND A BLACK SUSPECT ARE NEVER
TALKED ABOUT.
THESE KINDS ALWAYS ARE BECAUSE
OF THE FIXATION ON RACE BY THE
MEDIA WHICH DRIVES EYEBALLS.
IT IS EXCITING, BUT ULTIMATELY
IT IS DAMAGING AND THIS IS THE
BURNING GETS MOMENT.
THIS IS A MOMENT WHERE THE
CULTURE IS UP AGAINST THE WALL
AND YOU HAVE TO MAKE A DECISION
ABOUT WHAT KIND OF CITY YOU WANT
OR WHETHER YOU ARE GOING TO
LEAVE.
>> WHEN JORDAN NEELY’S ATTORNEY
WAS SPEAKING, HE SAID WHERE WERE
YOU BEFORE?
THERE WERE A LOT OF PEOPLE,
THESE ATTORNEYS WHO WERE NOT