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Originally posted at Kunstler.com
Were you thinking of Daniel Penny this weekend? A year and a half ago, the US marine veteran, age 26, subdued one Jordan Neely, 30, a homeless schizophrenic with a record of 42 arrests who was menacing riders on a New York City subway car. Neely was, at the time, a fugitive on an arrest warrant for felony assault on a sixty-seven-year-old woman. Penny applied a choke hold after Neely declared he was of a mind to kill somebody on the train. Neely was still alive when the cops came, but they declined to give him CPR because he was filthy and an apparent drug-user, and they feared getting AIDS or hepatitis from giving him mouth-to-mouth resuscitation. . . so Neely died there in the subway.
Manhattan DA Alvin Bragg indicted Penny for manslaughter in the second degree and secondarily for criminally negligent homicide. His trial has been going on all month. On Friday, the jury reported its inability to reach a verdict on the manslaughter charge. Instead of declaring a mistrial, Judge Maxwell T. Wiley dismissed the primary charge and directed the jury to continue deliberations this week on the secondary negligent homicide charge, a procedurally dubious action.
Everybody knows that the trial is an absurd injustice, but that has been the temper of our society for many years now in the age of the Woke Jacobins. Unlike the original Jacobins of 1794 in Paris, who were ultra-extreme idealists, our Woke Jacobins are extreme cynics, imagining only the worst about the project of civilization. Hence, their alt-project to de-civilize the rest of us.
It has been a long game of pretend. At the center of it is the race hustle — a hustle being the attempt to get something for nothing — in this sense, seeking respect and approbation for people engaged in uncivilized behavior. It kicked off in 2012 when one Trayvon Martin, 17, got shot while bashing the head of a neighborhood watch coordinator, George Zimmerman, against the pavement in Sanford, Florida. The news media dishonestly portrayed Martin as a skittle-munching child when police reported him as six-feet-tall. Zimmerman, five-foot-eight, was eventually acquitted of all charges on grounds of self-defense. The Black Lives Matter (BLM) movement was born.
Next up in 2014 was Michael Brown, 18, in Ferguson, Missouri. After robbing a convenience store, Brown was stopped on the street by Police Officer Darren Wilson. According to Wilson’s account, Brown reached into his patrol car trying to seize his gun. Brown’s DNA was later found on Wilson’s gun, and Brown’s blood was detected on the car’s door, suggesting a struggle. Following the incident, riots, arson, and looting broke out in Ferguson for days after. A local grand jury declined to indict Officer Wilson, and he was eventually exonerated of civil rights violations when investigated by the US Department of Justice. The case amplified the Black Lives Matter (BLM) movement.
Other incidents followed in 2014: one Eric Garner, 43, was stopped in Staten Island for selling individual cigarettes on the street. Garner resisted arrest and was put in a choke hold. He repeatedly said, “I can’t breathe,” before dying of an asthma attack. In November, same year, Tamir Rice, 12, was brandishing a toy gun that looked like a real firearm in a Cleveland, Ohio, park, when police trainee Timothy Loehmann responded to a 911 call and shot the boy. A Cuyahoga County grand jury declined to indict Loehmann. The city of Cleveland settled $6-million with the Rice family in a wrongful death suit.
In May, 2020, George Floyd, 46, a released felon, resisted arrest after trying to pass a counterfeit twenty-dollar bill in Minneapolis. Officer Derek Chauvin eventually subdued Floyd with a restraint, knee-on-back, recommended by the city police department’s training guide. Floyd died at the scene with 11 ng/mL of fentanyl, 19 ng/mL of methamphetamine, and cannabinoids detected in his blood at autopsy, plus heart disease and hypertension. Officer Chauvin was convicted on several counts of murder and manslaughter and three other officers at the scene also went to jail on lesser charges. Riots, arson, looting, and murder ensued in Minneapolis and many other American cities. Statues of George Floyd were erected around the country and the city of Minneapolis settled a wrongful death suit for $27-million with the Floyd family.
There were other incidents around the country in this period involving black suspects killed by police and a narrative spread — with help from the news media — that innocent black citizens were being exterminated in great numbers by police. The truth was a statistically tiny number of black men killed by police, and always either in commission of a crime or violently resisting arrest. The hustle is that they should be excused for all that, even venerated and celebrated with statues, tributes, and payouts. Why everybody else goes along with it has been an abiding cultural mystery of our time. It probably just boils down to cowardice. In fact, cowardice doubled because we are too cowardly to even admit that we are cowards.
One signal result of all this has been the increasing reluctance of police to stop criminal behavior, which, of course, leads to ever more bad behavior. Add to that new modes of law enforcement that make it difficult to hold violent criminals in custody — no cash bail, down-charging, catch-and-release. This has been the mode in New York under state AG Letitia James and Manhattan DA Bragg.
It was the decision out of Bragg’s office to keep Jordan Neely on the street despite the danger he posed to the public, as denoted in his arrest record. Daniel Penny stepped in where law enforcement failed. Jordan Neely was not dehumanized by the system. He dehumanized himself and his death was the result of his own recklessness. He wasn’t anyone else’s victim. He doesn’t deserve a statue. The father who abandoned him does not deserve a multi-million-dollar payout from New York taxpayers.
I’ll be surprised if the jury returns with a guilty verdict against Daniel Penny on the secondary charge of negligent homicide. That charge is just as unreasonable and dishonest as the primary charge was, and, anyway, a conviction will likely get thrown out on appeal due to the procedural mistakes of Judge Wiley. The Penny case, I’m sure you realize, is not the only bit of professional mischief that Alvin Bragg has engaged in. A case might be made that he has systematically tried to deprive non-black citizens of their civil rights. The Department of Justice in a new administration ought to contemplate prosecuting him for it.
