The Penny case: People have a right to defend themselves against rampant crime

Op-ed views and opinions expressed are solely those of the author.

The case against Daniel Penny on charges that he murdered Jordan Neely has resurrected the issue of self-defense in a time of increasing violent crime. Neely terrorized the passengers of a New York subway car, threatening to kill innocent people. Absent police protection, Penny, a former marine, wrestled Neely to the ground and applied a choke hold. Penny was attempting to protect the frightened passengers from a violent perpetrator. Neely died shortly thereafter.

Was Penny’s action justified as self-defense? “Penny was legally justified in using force to protect himself and other passengers,” said Andrew McCarthy on Fox News. “By law, such justification allows a person to subdue the aggressor until the police arrive.” Penny deserved a medal. Instead, he faced 14 years in prison because the racist district attorney, Alvin Bragg, wanted to play the race card.

The prosecution declared that Penny applied a choke hold because Neely was black. Prosecutor Dafna Yoran, referring to Penny as “the white man,” argued that Penny “didn’t recognize that Jordan Neely was a person. He saw him as a person that needed to be eliminated.” Fortunately, the jury didn’t buy it. “One can almost conclude that Yoran likes the idea that she is unleashing criminals to menace the tax-payers of New York City, as a type of ethnic vengeance,” wrote blogger Michael Machera.

Yoran’s argument ignores the current state of lawlessness on New York streets. “I think the jurors all put themselves in that subway car, heard the fear of the passengers and identified with it — and rejected the criminalization of the actions Mr. Penny took in the face of clear danger,” said Thomas J. Curran, a former assistant DA in Manhattan.

Alvin Bragg’s tenure as DA has been characterized by the protection of criminals over victims. His policy of lenience has contributed to rampant lawlessness and criminality in America’s largest city. Bragg has ordered his prosecutors to stop seeking prison sentences for hordes of criminals and to downgrade felony charges in cases including armed robberies and drug dealing. Bragg’s office will not seek jail for anything short of murder or certain types of deadly assault. Under Bragg’s supervision, armed robbers who use guns or other deadly weapons to rob stores in Manhattan will be prosecuted only for petty larceny, a misdemeanor, if no victims are seriously injured.

At the same time, law-abiding citizens have been discouraged, if not prevented, from defending themselves. If you are assaulted and defend yourself with lethal force, you must jump through hoops to prove that your life was in danger. Democrat prosecutors such as Bragg are sacrificing the right of self-defense in favor of “social justice.” They will look the other way when it comes to violent crime but zealously go after anyone who tries to defend himself from assault.

Self-defense could get you thrown into prison, as bodega clerk Jose Alba discovered after defending himself when he was assaulted in his store on West 139th Street. He was arrested on second degree murder charges and locked up at intimidating Rikers Island prison. Bragg dropped the charges only after an enormous wave of protests.

The acquittal verdict in the Penny trial is an indication that Bragg’s twisted version of justice has run its course. “People are sick of crime and deranged people terrorizing law-abiding people in public, a sentiment shared widely, across racial lines,” said Guy Benson at Townhall. “It’s part of the reason Donald Trump won the election and made major inroads among minority demographics, very much including within New York City itself.”

Until our streets become safe again, it is essential to stand by the self-defense doctrine.

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