Smither-Vent - Daniel Penny Acquittal - podcast episode cover

Smither-Vent - Daniel Penny Acquittal

Dec 10, 202423 min
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Speaker 1

Tier. The weather Shann nine says high a fifty today, overcast with some spody showers tonight down to thirty degrees, maybe some light snow. Tomorrow's bodies new as possible. See high have thirty four, flotty skies and windy over nineteen eighteen. Save the report clear skies and then high of thirty one on Thursday with partly clotty skies forty seven Right now. Traffic time from the u see.

Speaker 2

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a wreck on Glenway at Wilder Avenue. Chuck ingramon fifty five KR. See the talk station.

Speaker 1

Seven twenty one if you have KERCD talk station regular staple on the Monday Morning show Christopher Smith and former Vice Mayor of the City of Cincinna with a Smith event since I was off yesterday and Dan Carrol filled in, and thank you again Dan for doing so. We moved them over to Tuesday. Welcome back Christopher for the Smith event. Love having you on the morning show, my friend. I hope all is well.

Speaker 3

Oh brother, thank you for having me on. And you know we always miss you. Dan Carroll did a good job, but we definitely miss you. And you just that kind of wake up in the morning and at five am and listen to you tell us what's going on in the world. And you know, I've been listening to your show and you and I are on the same page

about what happened yesterday with the coual acquittal of mister Penny. Yeah, but I you know, I want to spleen vent on it because there are significant racial components that I think it's important for me to be outspoken about, and you were touching on them this morning. And so one of the things is I don't believe Penny would have been charged if the person who died was white.

Speaker 1

Yep.

Speaker 3

First thing, and I think that Prosecutor Brags was pressured in his mind by people who were living in New York that were saying, hey, you've got this young white guy who killed somebody on a subway. But one of the things that I think the media intentionally, particularly mainstream media, didn't share was the diversity of the people who testified, black and white, male and female, that said my life was on the line, and I view that what Penny did was intervened so that I could live. There were

no cops there. There's a guy that got on the subway said I feel like killing some people, and I really don't care what happens to me. And so you know, if this veteran was on a battlefield, he would have gotten a purple heart. Instead, what he got from Brags was prosecuted where they said, we're gonna take away your life in liberty for fifteen years for you just standing

up for the little guy. And I appreciated how you said that the person who can't defend themselves, they take away your guns in New York, so you can't defend yourself with a weapon. Now, even a good Samaritan, their life is on the line, their life in liberty is on the line. If they intervene to save my life. That's a hell of a place to live, Brian Thomas, And so it's a scary place to think that even

good Samaritans out here. And that's why I watched that case so closely, because of the implications of any American, whether they're living Georgia where they have the right to use a firearm, whether they're in Ohio with you know, stand your grounds, any of us who might see something happening the Penny case would have us go I get involved.

Will the prosecutor and Hamilton County decide to prosecute me if I decide somebody walks in and says I'm gonna kill everybody I have my weapon, I say, no, not today. I'm gonna take this. I'm gonna make sure I protect everybody. I'm just trying to figure out where this society is going, Brian Thomins. And I'm going to weigh in on Black Lives Matter and the commentary that came from them on the second half of the show, because that really got my goat yesterday.

Speaker 1

Too, oh without question, and I am glad you're going to comment on that, because Lord Almighty calling for sort of black people to go out and exact justice on white people just because Penny gets acquitted for something that was just a service to society. It's I am just beside myself in disbelief, although you know this is the world we find ourselves and let's pause when Christopher back for more commentary. Excellent, it always is first word for

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Speaker 3

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Speaker 2

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Break lights between buttermilk and Kyle's Chuck Ingramont fifty five care see the talk station.

Speaker 1

Nine I fifty five Ker City talk Station. Happy to have Christopher Smithan on talking about the Daniel Penny acquittal, which I think everyone agrees is a good thing, with the exception notably of at least one founder of the Black Lives Matter Greater New York City, Hawk Newsom, who had this to say, and I will quote him, we need some black vigilantes. People want to jump up and choke us and kill us for being loud. How about

we do the same. So he is not calling upon black Americans to protect people in danger, he's encouraged him to kill white people basically for being white. And Daniel Penny, or the victim or the disturbed Jordan Neelly in this particular case, wasn't just being loud. He was threatening people with death hit, a history of psychosis, high on K two, a synthetic form of marijuana, a lengthy criminal arrest record.

And I have no doubt in my mind that Daniel Penney, if it didn't matter what color skin Jordan Neely had, if Jordan Neely was a deranged Asian or white guy, he would have done the same thing to protect his fellow citizens on that subway train where there were no police around to help out.

Speaker 3

And I think your point about he wasn't just being loud, he was articulating a position, I'm going to kill somebody. Yeah, people understood that, They understood what that meant. And by the way, you know just what happened to the CEO of United Health as he walked down the street, you know,

in the early mornings. You know, whether that was random or not, which we obviously know it wasn't, it still was a major act of violence in New Yorkers are seeing that meaning this is the context of this of what was happening on the subway is other people had been attacked on the subway. Oh, been attacked on the street, right, a fid And so the New Yorkers were sitting around going people are just walking down the street punching women in the face. Right. This was something that was happening

last year. And so the context was here's a man who got on the subway and said I'm here to kill somebody. And Penny heard that as a veteran, right, he said, you know what, not today, You're not going to kill these people today. I'm trained, and I'm going to put my life on the line. And no one knew what he had. He could have had a knife, he could have had a gun, Yeah, he could have had anything. Let me speak to a Black Lives Matter Look what he said was so outrageous and so over

the top. And we need leaders whether they're white or black, Democrats are Republicans, are independence to call them out. You just can't sit silent when someone gets on the MI and says, you know what, I think I need a visual handing out here to kill white people, right, because that's not what is happening, doesn't fit the situation at all. And so it's such an outrageous statement, as if the African Americans who were on the train who said my life I felt was on the line and testified in court,

thank you Penny for saving my life. If Black Lives Matter was serious, that leader he would say, Man, thank you Penny, you saved a black life. You mean there were black people who said, I'm concerned. I thought this guy was going to kill me. That's the craziness of what's going on. And let me make sure everybody understands this, Brian, because every time I talk about these issues, I'm going to make sure that I'm balanced and people understand. Racism

is real. I've experienced racism in my life. I've been attacked which I've never talked about publicly, where my life was on the line just for being at Frican American in the city of Cincinnati when I was a young person. So racism is real, and you have to have good referees on both sides of the aisles. We need right leadership to do better, like you, Brian Thomas, who call things out. You know, like somebody called into your radio station once and start talking about the LGBTQ plus community

and you called them out. You're not a person. I mean my point to you, Brian Thomas says, you are a good referee. You're not sitting here saying hey, man, if I see something that happened bad to somebody who was African American based on their race, I'm going to lend my voice to it and say it was wrong.

That's what I'm doing today. I'm lending my voice as a leader who happens to be African American saying, hey, listen what that leader said or whoever that was in New York from Black Lives Matter and that said we need a visual anti today to go out and kill white people based on the acquittal of Penny is so outrageous and so over the time that somebody needs to lend the voice and say you're out of bounds on those comments.

Speaker 1

Totally totally, totally out of line. And you know the other component of this, Christopher is, you know, had he been convicted of the mere fact that he was prosecuted for this, talk about you know, a negative effect someone out there who is in a position where you know, military trained guy like Daniel or Daniel Penny who has the skill sets to engage this guy and take him out in terms of preventing him from doing further harm. He didn't want to kill Jordan Neely, that wasn't his point.

His point was to subdue him until the point where some police officer might show up and take over. You know, sadly the guy died. It wasn't intentional, and the jury of course realized that that's why he's found not guilty. But you know, how many people are out there going to be second guessing? How many people out there, for example,

they're faced with eminent apprehension of death. You know, somebody over there has got a gun pointing it at them, and they're afraid to use their own personal firearm to defend themselves because of the color of the skin of the person that's coming after them. Oh my god, if I defend myself, I'm gonna get you know, I'm gonna be accused of being a racist or something. That's just that that effect is profound, and I know a lot of people out in the world really genuinely feel like that.

You know, I'm the Oh hell no, I'm not going to get involved. I don't want to be prosecuted. I don't want to be drugged through the ringer. I don't want to be labeled on social media as a racist because I defended myself or defended my wife or daughter or some other young person or you know, frail elderly female on the subway train or anyplace else. No, I'm just gonna turn my head and walk away.

Speaker 3

But Brian Thomas, one of the points that's important is that Penny wasn't the only person subduing. There were other passengers once Penny got him into the position, and the person looked like an African American male. I don't know if he was. He might have been defined as a Haitian American. I have no idea, but he was a man of color who was also helping to do him on that train. He had his hands on him saying hey,

I'm trying to help. There were other passengers, and so the reality was it was just another affirmation that it wasn't about race. It was about people on the train who felt that their life in that moment was in jeopardy. And this good Samaritan said, I'm going to intervene today. I want to let every good Samaritan out there know as they listen to you and I, we have to be our brother's keeper, no matter the race, that gender,

the situation. We must look out for each other as Americans to keep ourselves safe in a society now where people walk in with guns and knives and they say and do things. And the only thing we can do right now, Brian Thomas is believed that what happened was this veteran believed what that man said. I'm here to kill people and guess what, I really don't care what happens to me. And at the end of the day, what happened to him, unfortunately and unintentionally is he lost

his life. And now this man is going to face a civil case. I'm not a lawyer, and I don't understand all the details, but my understanding is the threshold is much lower now. They're coming after everything that he owes his entire life. There will be a civil trial where this man has to go back on trial again

and put everything that he has on the line. Tell me, what good samaritan out there who's walking through a mall right now, are walking in a parking lot and see somebody in trouble, says, you know what is better for me not to get involved, because the prosecutor, no matter where they live in the United State of America might charge me, and then I might be civilly charged and lose everything if I get involved.

Speaker 1

Yep, you got a great point on that one, and it's important you mentioned the lower legal standard in a civil case. It's preponderance of the evidence. If you look at a sliding scale like a seesaw, the fulcrum in the middle, that's fifty percent. You go one percent over and you can be found guilty. In a civil trial, clear and convincing evidence is like three quarters over and then and then beyond a reasonable doubt, which is the criminal standard, is like all the way over to ninety percent.

On one side, you've got to be thoroughly convinced by a you know, beyond a reasonable doubt that the person is guilty. They can't be found guilty, so he ends up in a civil suit. You know, some other jury may say, you know what you know, find him guilty, and you're right. They would literally take everything that man has. And I'm not sure as a you know, as a marine,

how much he's got. But I don't think that's the point of going after I just think they want to continue to make an example out of him for doing the right thing.

Speaker 3

Well, let's say that he has a pension that pays them three thousand dollars a month and they take his pension away from him. I'm a financial planner. That would be devastating for that man to take his three thousand dollars away for being a good Samaritan and serving his country. And then being on a plane, being on a train in a subway saying I'm intervening to save other people's lives, and I think it's so important no matter what your

race is or gender. People who are listening and trust my leadership in this city or in the county, or people who are listening to you, look at this case fairly. It has nothing to do with race. It has to do with a man and people on a train who were all different. They all came together in that moment in time and said, listen, my life is on the line.

You need could be hurt here. And if it were my wife, if it were my significant other, if it was my child, right, if it was one of my daughter, you know, if it were if it were my daughter, you know, if it were a friend, I don't know whoever in my life that I loved. If it was your beautiful wife, Paulette. You would want somebody in that moment to say, you know what, Paulette's life matters, and I'm gonna intervene here and make sure that she gets

off the train. And so it's such an atrocity for the leader in Black Lives Matter, and I call all groups out many. You know, some people don't know that I served as the president of the Cincinnati NAACP for seven years. I worked very hard to be fair right every so things that came before us, this is nonsense. I'm not dealing with that. You're wrong, I'm not involved. You have to have balanced leaders in these positions that

can call balls balls and strikes or strikes. Now, I'm gonna say one more thing before we get off, Brian Thomas, because this is an important detail and it's personal to me. We're going into the holiday and people are in their families,

are coming together. If you're in a room and someone is telling a racial joke and you're sitting there, whatever it is, or they're saying something bad about the LGBTQ Plus Committee and you're sitting there and people are laughing, and you don't have the courage to shine a light to say you know what, Uncle, you know what, Grandpa, you know what, cousin, that's not funny. I've got a friend who fits all the things you just said, and they're not that. Why would you say that over the holidays.

We have to be better within our families to call this stuff out when it's happening. Because I know, Brian Thomas, you would never let anybody sit around your table. I'm getting a little emotion. You would never let anybody sit around your table and say something crazy because of our relationship, the love that we have for each other, the love that you extended to my wife, to my five children. No one would get away with that in the Thomas household.

And so that's my point. We have to do better as a American to stand up for what's right when no one's watching. Christmas is a great time to do it. Our families are coming together. People say things that are outrageous, and I'm asking people who love me, who like me, who care about me, who respect me, to shine a light on anybody who's saying anything disparaging in your homes. Stand up and say, you know what, that's not who

we are. You don't have to be negative. You can just say that's not I don't think that joke is funny, and I tell you it makes a big difference in our American families. If we all just did that little bit, what we could be the penny. We could be the penny. We could be the guy on the subway that's standing up for what's right.

Speaker 1

Well, see, and that's why I love living in America, and that's why I'm a little low libertarian. America is filled with all kinds of people. And isn't it a beautiful thing that we don't live in some oppressive regime that will literally kill you for, for example, being gay. And we know there are countries in the world that will do that violates their religion or whatever. And I don't get that any religion could you know, kill someone

or hate someone merely because of their sexuality. And we all need to learn to play nicely together and freedom, liberty and allowing people to live their lives as they see fit as long as they're not bumping into what I live and how I live my life. I'm great. I can play nice in the sandbox. And I know you feel the same way. Christopher Smithman, God bless you, Yeah.

Speaker 3

God bless you. Brian Thomas. People can follow me on social media media at vote Smitherman and I appreciate you. If we we'll talk again, oh yeah, by chance we don't. But if by chance we don't marry Christmas to you, okay, I know we will, but by chance we don't marry Christmas.

Speaker 1

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Speaker 3

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Speaker 1

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