This case is a project of Manhattan District Attorney Alvin Bragg, one of the Soros stable of activist DAs.
[FoxNews] Daniel Penny charged with manslaughter in chokehold death of Jordan Neely
An NYPD detective testified in court Thursday that the New York veteran accused of manslaughter in the death of an erratic man who barged onto a subway car and threatened passengers was not told the man had died when he waived his Miranda rights and agreed to speak with detectives.
Lawyers for Daniel Penny, a 25-year-old Marine Corps veteran, told Fox News Digital there is "overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train." They are questioning whether police had probable cause to detain him and whether statements prosecutors plan to use against him at trial were properly obtained.
Penny was charged after he appeared on cellphone video placing Jordan Neely,
...a homeless schizophrenic who had 40 prior arrests including violent attacks, and was loudly working himself up to attack riders in that car, in part because of the apparently interesting drugs in his bloodstream...
30, in a chokehold as other passengers helped restrain him in May 2023.
The defense called NYPD investigators to the stand Thursday to grill them about whether there was probable cause to arrest their client to begin with.
Penny had not been told that Neely was dead during his questioning, NYPD Det. Michael Medina testified. He and a colleague let Penny go after interviewing other witnesses. They initially dubbed him a "good Samaritan."
Medina, a 23-year member of the NYPD, was the first of five officers involved in the investigation to testify Thursday.
Penny was treated as a witness during the interview and was not placed in handcuffs, he said. Their conversation was recorded on video. Penny waived his Miranda rights. There was another detective, whose last name is McCarthy, in the room with them.
Prosecutors played video from the interview in court Thursday.
It shows Penny calmly cooperating with the detectives, explaining that he's a Marine veteran and studying to be an architect. He said he was on his way to the gym after class at the time of the altercation.
According to testimony at the hearing Thursday, Neely barged onto the train after the 10th Street Station, ripped his jacket off and threatened to "kill anybody," he said.
"He was acting like a lunatic, like a crazy person," Penny told detectives. He said after Neely tossed his jacket, he shouted something along the lines of, "If I don’t get this, this and this, I’ll go to jail forever."
There were women and children on the train, and Penny perceived a threat. When Neely walked into him, he said, he put him in a chokehold.
"I'm not trying to kill the guy," he told detectives. "I'm just trying to deescalate the situation."
He said that two other men on the train helped him hold Neely down as they waited for police to arrive.
"People do this all the time, but this guy, he was actually a threat," he told the officers. Medina and McCarthy told him he would be detained for the time being, and he asked for a lawyer.
A public safety officer testified that when he arrived at the train, he saw Neely unconscious on the ground and asked what happened. The witnesses pointed to Penny, he said, identifying the defendant in the courtroom.
He said witnesses told him that Neely boarded the train, began making threats, and Penny "took him out." Bodycam video showed Penny remained at the scene and cooperated with responding officers.
Neely was unconscious when police arrived but had a pulse, the public safety officer testified. However, responding officers later tried giving him CPR and administered an opioid-overdose antidote used to revive people during overdoses.
The next witness was Officer Dennis Kang, a five-year veteran who also responded to the train car and met Penny at the scene. He said witnesses described Neely as "erratic" and said Penny was "stopping" him. Other people on the train appeared to be supportive of Penny, he said.
The judge said he would not be releasing video played in court Thursday to the media because the trial has not yet begun.
Penny's lawyers are arguing that police had no cause to arrest him, and they are questioning whether any statements they intend to use against him were improperly obtained.
"The government must demonstrate that any statements they intend to use at trial were not obtained through coercion or threats," one of his attorneys, Steve Raiser, told Fox News Digital earlier. "In addition, they will need to prove that probable cause existed to believe that a crime was committed. Our position will be that despite the low level of evidence necessary to demonstrate probable cause, the police did not have sufficient evidence. This is especially true considering the overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train."
Witnesses said the homeless Neely was threatening subway riders and behaving aggressively. He had a history of mental illness and violence, including the 2021 assault of a 67-year-old woman.
Police questioned and released Penny on the day of the incident, and 11 days later, Manhattan District Attorney Alvin Bragg's office announced an indictment on charges of manslaughter and criminally negligent homicide. He has pleaded not guilty.
Critics of Bragg's decision to prosecute Penny have called the move political.
Penny faces up to 19 years in prison if convicted. His trial was slated to begin before the end of the month.
Elon Musk on X:
Just received this note from a SpaceX engineer helping on the ground in North Carolina.
@FEMA
is not merely failing to adequately help people in trouble, but is actively blocking citizens who try to help!
"Hey Elon, update here on site of Asheville, NC. We have powered up two large operating bases for choppers to deliver goods into hands. We’ve deployed 300+ starlinks and outpour is it has saved many lives.
The big issue is FEMA is actively blocking shipments and seizing goods and services locally and locking them away to state they are their own. It’s very real and scary how much they have taken control to stop people helping. We are blocked now on the shipments of new starlinks coming in until we get an escort from the fire dept. but that may not be enough."
#1
Need names, time/date and places. There were many stories during Katrina like this but they mostly proved untrue. Starlink hardware is easy to conceal until it's hooked up. People are flying drones all over the affected areas, AFAICT.
[MSN] Jack Smith has failed in his quest to try Donald Trump before the 2024 election. So instead, the Special Counsel has bent ordinary procedure to get in one last shot, just weeks before voters go to the polls.
,
Smith has now dropped a 165-page doorstop of a filing in federal court, on the issue of Trump's immunity from prosecution. Judge Tanya Chutkan — who suddenly claims not to care about the impending election despite her earlier efforts to expedite the case to get it in before the very same election, which got her reversed and chastised by the Supreme Court — duly complied with Smith's wishes, redacted out a few obvious names (who ever might ''Arizona Governor [Redacted P-16]'' be?), and made the rest public.
,
There are two headlines here. The immediate takeaway lies in the revelations contained in Smith's oversized brief. (He asked the judge for, and received, permission to file a brief that was 180 pages long, four times the normal maximum.) We now have damning new details on Trump's effort to pressure Vice President Mike Pence to throw the election his way, Trump's phone use and use of Twitter as the riot unfolded, and his conversations with family members about efforts to contest his electoral loss. The story's structure is the same as we've long known, but the new details lend depth and dimension.
,
The larger, if less obvious, headline is that Smith has essentially abandoned any pretense; he'll bend any rule, switch up on any practice — so long as he gets to chip away at Trump's electoral prospects. At this point, there's simply no defending Smith's conduct on any sort of principled or institutional basis. ''But we need to know this stuff before we vote!'' is a nice bumper sticker, but it's neither a response to nor an excuse for Smith's unprincipled, norm-breaking practice. (It also overlooks the fact that the Justice Department bears responsibility for taking over two and a half years to indict in the first place.)
[Daily Mail, where America gets its news] Kamala Harris could potentially win Georgia on the strength of a surge of newly naturalized citizens and an uptick in registered Democrats.
Georgia is considered one of the seven key swing states in the 2024 race, as Donald Trump tries to win it back after losing to Joe Biden in 2020.
Polling numbers have been positive of late for Harris, with numbers suggesting she could improve on Biden's marginal victory in the Peach State four years ago.
Boosting Harris' chances are two factors: new voter registration in the state is trending heavily Democrat and newly naturalized citizens outnumber the margin of victory Biden had in the last election.
Around 158,000 migrants are set to receive citizenship in Georgia this year; Biden beat Trump by just 11,779 votes.
Steve Hubbard, a senior data scientist with the American Immigration Council, says that new citizens are often the most eager to participate in democracy.
'The naturalization process is kind of an arduous process that takes a lot of persistence,' he told WABE.
'There's lots of forms, an interview you have to complete, citizenship tests. We find that they are often very proud of that work and want to participate in the United States and its system of government.'
While there's no polling on whether these new citizens are registered or how they would vote, new registries in general trend Democratic.
Georgia has seen 120,000-plus new voter registrants from July 21 through September 8, encapsulating the first eight to ten weeks since Harris replaced Biden at the top of the ticket.
While more than half of those registrants are unaffiliated, Democrats outnumber Republicans 51,000 to 13,000.
Around 56% of those registering are under the age of 34; 20% of them turned 18 or are turning 18 in time for the election.
About 53% of the new voters registering are people of color; all are demographics that traditionally Democrat, though polling has shown Trump making headway with them in some cases.
[FoxNews] The Department of Homeland Security (DHS) said Thursday that the Federal Emergency Management Agency (FEMA) has the funds needed for "immediate response and recovery" in the wake of Hurricane Helene — even as Secretary Alejandro Mayorkas warned about a potential lack of money.
"FEMA has what it needs for immediate response and recovery efforts," spokesperson Jaclyn Rothenberg said on X. "As [Administrator Deanne Criswell] said, she has the full authority to spend against the President’s budget, but we’re not out of hurricane season yet so we need to keep a close eye on it."
The agency had recently lifted immediate needs funding, which allows the agency to focus on urgent efforts and pause non-urgent projects, but Rothenberg said the agency may still need to go back to that "and we will be watching it closely."
Mayorkas had grabbed headlines on Wednesday when he said that FEMA does not have enough funding to make it through hurricane season, which lasts until November.
"We are meeting the immediate needs with the money that we have. We are expecting another hurricane hitting," he said. "FEMA does not have the funds to make it through the season."
Mayorkas spoke on Air Force Once as the states and the federal government assess the damage from Helene, which hit several states and has killed more than 160 people. His calls echoed those by President Biden, who said that Congress may need to pass a supplemental spending bill to help states.
Congress recently made $20 billion in immediate funding available for FEMA’s Disaster Relief Fund as part of a bipartisan deal to avoid a government shutdown at the end of last month. But Congress is currently out until mid-November, after Election Day.
Mayorkas later clarified his remarks at the same event, saying that the short-term funding does not give the agency stability.
Then he’s just pushing for a bigger budget, in case the money might be needed later?
#2
Where were they 6 days ago?
Given the clearly seen threat, why wasn't preemptive measures like multiple regional deployments of emergency supplies and resources taken?
Trump showed up, boots on the ground, quicker than any of the White House Admin.
Only then did Harris and Biden decide to tour the disaster areas.
BTW: FEMA is $$$broke.
Why? I am sure feeding, housing and caring for the recent OPEN BORDERS Illegals, spread around the USA had something to do with it.
About $1.2+ Billion of its budget taking care of the Democrats future Metro- area ILLEGAL VOTERS.
#12
And for all the people who are "heeeerrr heerrr they deserve it" guess what, this is a natural disaster and power outage people prepare for in Hurricane and/or Tornado season, and:
Guess what. You will have your time, and this is the precedent on how you will be treated. And Bubba, well, he ain't coming to you, even if he wanted to.
[NY Post] In another blow to Vice President Kamala Harris, the International Association of Fire Fighters announced Thursday that it would not be making a 2024 presidential endorsement.
The union, which represents more than 300,000 career firefighters and emergency responders, was the first to endorse President Biden’s 2020 White House bid and has a long history of backing Democratic presidential candidates.
IAFF’s decision not to endorse a candidate in the 2024 race comes two weeks after the International Brotherhood of Teamsters, which has also long backed Democrats, defied the will of its pro-Trump membership and declined to make a presidential endorsement.
"Today, the IAFF Executive Board, by a margin of 1.2%, voted to not endorse a candidate in the 2024 presidential election," read a statement from IAFF General President Edward Kelly.
"Over the past year, the IAFF took unprecedented steps to hear our members’ views on the candidates and the policy issues that matter most to them.
BREAKING: @MSNBC Producer Admits MSNBC Is 'Doing All They Can to Help’ the Harris Campaign
During an undercover date with an OMG journalist, Basel Hamdan (@BaselYHamdan), a writer and producer for MSNBC’s show "Ayman," (@AymanMSNBC) was asked what the network has done to assist... pic.twitter.com/y9Yk8o1UX7
#3
With MS-NBC having openly admitted it, shouldn't they have to file with the Federal Election Commission and each state, as campaign donors and be limited to $,$$$.00 as we are?
#4
..yes, they should be held to 'in kind' campaign contributions and fined HEAVILY if they exceeded limits. Same goes for Google. We might be able to cover a portion of one day's debt interest payment.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
