Ben Shapiro
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There are two systems of justice in the United States that split in a wide variety of ways.
When it’s the rich versus the poor, being able to afford a really good lawyer can make it a lot easier to navigate the criminal justice system.
But there is also a two-tiered system of justice when it comes to people who are accused of crimes in blue cities; people who are white versus people who are black. And that is particularly true when it comes to intra-racial crime.
If a black person victimizes a black person, there’s a pretty good chance that the victimizer will go to jail. If a white person victimizes a white person, there’s also a pretty good chance that the victimizer is going to go to jail.
But in a controversial case where a black person victimizes a white person, the chances that he will get an equivalent sentence to a white person who committed the same crime are just not the same.
Take, for example, a case in which a crazed white homeless person is subdued by a law-abiding black American Marine and then the white person dies. Do you think that black person is going to end up in the dock indicted by a grand jury and prospectively spending the rest of his life in prison?
The answer, of course, is no. That is not a thing that would cross any prosecutor’s mind. However, if a white person does the same thing, and the person in question who died was a crazed black person who was threatening people on the subway system, then the white person may end up in jail for the rest of his life.
That is the case currently with Daniel Penny. We all know the video on the New York subway system of a crazed black homeless person named Jordan Neely who had assaulted old women, abused people on the streets, and routinely threatened people. There was an outstanding warrant for him. He was on the subway system and he was openly threatening people, according to the others in the subway system.
Neely was eventually subdued by U.S. Marine Daniel Penny. Penny came up behind him and put him in a submission hold. I call it a “submission hold,” not a “choke hold,” because the idea of a choke hold is usually to cut off air supply, whereas a submission hold is meant to cut off blood supply, to basically put you to sleep. It’s a sleeper hold, whereas cutting off your air supply typically can kill you.
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There’s no question that Daniel Penny did not mean to kill Jordan Neely.
We haven’t seen the toxicology report yet, but I would be shocked if Neely had not been high as a kite because, again, if you are a homeless person living on the streets of New York acting erratically, there’s a very good chance, statistically, that you are high as a kite. We know that Jordan Neely also had a history of drug use and drug abuse.
And in this particular case, we also know from the video that two other men, one of whom was black, were helping hold Jordan Neely down because he was thrashing about. There were several attempting to stop Neely from threatening people on the subway system.
Eventually, Jordan Neely became nonresponsive. When he became nonresponsive, the three of them turned him into the prone position on his side so he doesn’t choke on his own phlegm, his own spit, or his own tongue. By the time EMT arrived, he was already essentially dead.
That’s the story.
In any normal circumstance, when a person threatens women, children, or other people on a subway system and then is put into some sort of submission hold by a person who actually knows what they are doing physically — and Daniel Penny had actually trained people in terms of takedowns in the U.S. military — you don’t prosecute the person who’s responsible for defending the life and limbs of innocent citizens from a crazed homeless person on the subway.
But that is precisely what’s happening in New York. And the reason that’s happening is because Daniel Penny is white. There’s just no other way to read this.
The media immediately went into spin mode after this incident. They released old tape of Jordan Neely dancing like Michael Jackson. This obviously innocent Michael Jackson impersonator was just dancing his life away when he was accosted and attacked by this evil white person.
But the reality is that Jordan Neely had a long history of arrests; he had prior arrests on charges ranging from evading fares and theft to assaults on three different women. He had pled guilty to assaulting a 67-year-old woman leaving a subway station in 2021.
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The media did what they typically do in a case in which the alleged perpetrator is white and the alleged victim is black. They try to find a picture of the most innocent the black person has ever been.
This is what happened when Michael Brown was shot by an officer in Ferguson, Missouri, after attempting to grab an officer’s gun. The pictures that you saw were not of Michael Brown in any sort of thuggish pose or beating up a store owner minutes before. What you saw was his graduation photo.
You see this very often. The media immediately attempt to define the narrative as innocent black men killed for no reason by terrible white people.
But other people on the subway have already said publicly that Neely was threatening people.
Neely had a long-documented mental health history, and his family has come out of the woodwork — with the help of Benjamin Crump — to try to sue, because this is typically the way this works. The family that was nowhere to be found when this unfortunate homeless crazed person was alive suddenly emerges from the woodwork when tragedy occurs.
Daniel Penny has now publicly responded to the charges. He said last week that Neely was breathing during the entirety of the restraint, that he only stopped breathing essentially after the restraint was let go. He stated:
_Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him. You could see in the video there’s a clear rise and fall of his chest indicating that he’s breathing. I’m trying to restrain him from him being able to carry out the threats. And then some people say that this is about race, which is absolutely ridiculous. I didn’t see a black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color._
All of that presumably went by the wayside when the grand jury decided to indict.
The fact is that no reasonable prosecutor would bring this case. You’re talking about a case of reasonable doubt. But here’s the thing: Reasonable doubt cases turn to _not reasonable doubt_ cases in the United States when the races are wrong.
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That’s the way this works.
This is the reason Derek Chauvin is currently in prison. That may be a very unpopular thing to say, but this is what I do.
Because one thing happens to be true: George Floyd is not dead because Derek Chauvin put a choke hold on him or because he was putting pressure on his neck. There was no damage to George Floyd’s neck. George Floyd was in a state of excited delirium, by the medical evidence; he was already saying he could not breathe when he was in the car. He was begging to be let out of the car. And the best available footage, as the prosecution itself admitted, involved Derek Chauvin on his shoulder, not on his neck.
The fact is that Derek Chauvin was a white man and George Floyd was a black man, and the video was ugly. Therefore, Derek Chauvin will now spend the rest of his life in prison, even though in any normal situation, if there were a black officer and there were a black man on the ground, that officer would not be in prison right now. If that were a white officer and a white man on the ground, that officer would not be in prison right now.
But this is the way that our justice system works, the two-track justice system. If it fits the narrative, you may find yourself in jail for the rest of your life. Daniel Penny described the situation on the New York City subway. He said Jordan Neely was threatening a lot of people: “The three main threats that he repeated over and over was: I’m going to kill you, I’m prepared to go to jail for life, and I’m willing to die.”
Normally, you would consider it a heroic act if someone were threatening women and children on the subway system and somebody stopped them. You would consider that an act of heroism. But the media saw race: All they saw were the colors.
And in this justice system, if the colors are wrong, that means that the media become a lynch mob. The lynch mob isn’t made up of everyday common citizens anymore. It is the media. The media decide that somebody is worthy of being hamstrung for the rest of their life. Then they whip people up into a lather and unleash them on the person.
That is how people like Daniel Penny end up in the dock when the truth is that they should be giving Daniel Penny the key to the city.
The fact is that New York City has not protected its own citizenry. New York City has had dozens of people assaulted on the subway system, pushed in front of trains, killed — and yet none of that makes headlines.
The only thing that makes headlines is when the racial narrative stacks up.
**Ben Shapiro**
Editor Emeritus,
The Daily Wire
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