On May 1, 2023, Daniel Penny was on a NYC subway, going to the gym. Penny, a former Marine and current architecture student, observed another man, Jordan Neely, harassing and threatening other passengers. It turned out that Neely had a history of mental health problems, as well a history of run-ins with the law. In NYC, however, violations of the criminal laws do not necessarily result in any jail time. In any event, passengers on the subway claimed that Neely was saying crazy things, including "someone is going to die today." Given what he was saying, and given his bizarre behavior, Penny stepped in.
Penny knew how to apply a chokehold in order to subdue someone, and that is what he did. The medical examiner ruled that Neely's death was a homicide, but did not testify at the trial. That allowed the defense to not only argue self-defense (which includes the defense of others), but to also dispute the cause of death. Of course, Manhattan DA Alvin Bragg prosecuted Penny. But the jury saw it differently. On the charge of manslaughter the jury was deadlocked, and a mistrial was declared. On the lesser charge of criminally negligent homicide, Penny was acquitted.
Penny is white. Neely was black. Sadly, those facts alone often dictated the reaction to the verdict. Mehdi Hasan was an anchor on MSNBC. Here is what Hasan posted: "Imagine, just imagine, if Jordan Neely had been White and Daniel Penny was Black. Imagine what some of the folks defending Penny today would be saying." First, I'd like to ask Hasan why he is capitalizing the words "black" and "white." Second, are some people racist? Obviously. But I think most people understand when a good man steps in to protect innocent people, and that the vast majority of people appreciate that. Third, here is a question. What if Penny was black, put a chokehold on Neely to subdue him, would Penny, as a black man, have even been prosecuted?
That does not mean we should celebrate Neely's death. He had a family. Unfortunately, the family was not able to keep him off the streets. The DA did not put him in jail for his past multiple offenses. And the mental health system...well, is there a mental health system? Apparently not since the 1980's, when it was decided that the mentally ill were better off on the street than in institutions.
Said one leftwing commentator on X: "Daniel Penny is a racist, classist, ableist murderer. He should face ignominy forever regardless of what a court does or doesn't do to him." Here was Black Lives Matter: "People want to jump up and choke us and kill us for being loud? How about we do the same when they attempt to oppress us?" Neely was not just loud. Passengers said they were fearful for their safety given the way he was ranting and what he was saying. When people are terrified for their safety, they want someone to step in. But, no surprise that Al Sharpton joined Black Lives Matter protesters outside the courthouse.
Recently defeated Congressman Jamaal Bowman (D-NY) was outraged by the decision. He posted on X, starting with this: "Dear White People." Very glad that Bowman lost. Dear White People? What does that mean? Do white people all think the same way? Hardly. That all white people are racist? Please. How about "Dear Black Passengers on the subway, thank you for appreciating Daniel Penny's actions in defense of all of you." Meanwhile, within the last week, an illegal alien from Guatemala set fire to a woman on the subway in NYC, resulting in her death. Can everyone agree that it's too bad a Daniel Penny was not on that subway subduing that perpetrator before he murdered (I know, allegedly murdered) that woman? I'd be willing to bet that she and her family would have been thrilled if a Daniel Penny prevented her death.
In stark contrast is the case of Luigi Mangione, accused of murdering health insurance CEO, Brian Thompson. By now, I assume everyone has seen the video of Mangione (allegedly it's him) shooting Thompson in the back on a street in Manhattan. A completely cowardly act of cold-blooded murder. Yet, tens of thousands of people online celebrated this murder. Why? Because too often insurance companies deny authorization for needed medical care. No one needs to lecture me about the abuses of insurance companies. I have been fighting insurance companies for 38 of my 46 years as an attorney. But I also know right from wrong. If Thompson's company fraudulently denied claims, prosecute him.
I understand that Thompson was separated from his wife. But he was a father of two. In what universe is this cold-blooded murder okay? In an Op-Ed in the 12/8/24 LA Times, Robin Abcarian tells us this: "What a stunning illustration of the hatred so many Americans feel toward for-profit health insurance companies, which too often make money for stockholders by withholding care from sick people. United Healthcare (Thompson's company) is a particularly awful exemplar. It is infamous for high denial rates and low reimbursement levels." I see. Let's make this case about the need for government run healthcare.
My wife and I liked our Blue Cross policy before the Affordable Care Act/Obamacare kicked in. After it passed, we got a letter from Blue Cross advising that our prior policy no longer qualified under the law. Our new policy would cover us for maternity care (we were in our 60's!) and pediatric care (again, we were in our 60's!). For these added "benefits" we had the privilege of paying $800 a month more in our premiums. Winston Churchill was to have said that "No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time."
Perhaps the same can be said about the private health insurance system - it's the worst except for all the others that have been tried. (I do not intend to make this post about all the horror stories resulting from private insurance vs government run insurance.) But if you ask me if I prefer an unaccountable government bureaucrat deciding my healthcare vs a private claims adjuster, I'll go with the latter. My preference, of course, is that my doctor decide - with no interference from anyone.
Here was U.S. Senator Elizabeth Warren (D-Mass): "The visceral response from people across this country who feel cheated, ripped off, and threatened by the vile practices of their insurance companies should be a warning to everyone in the healthcare system. Violence is never the answer, but people can be pushed only so far." What is she talking about? This is crazy. Where will it stop? Everyone who feels they have been wronged by some company or business, or individual even, should be able to address their beef by killing someone? Is she calling for anarchy? I don't care if she said that "violence is never the answer," when it was followed up with a "but."
My conclusion? The Left got both cases wrong. Penny was a hero to his fellow passengers on the subway. Mangione is (allegedly) a cold-blooded murderer, and should be condemned as such. I think that the Wall Street Journal said it best: "Murder can't be rationalized, and a society does so at it's peril...And sympathy for it is a sign of the degraded state of our culture and politics." But if it is a free for all, then everybody better start packing.
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