Episode Transcript
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Speaker 1 (00:04):
It's that time. Time, time, time, luck and load.
Speaker 2 (00:11):
The Michael Arry Show is.
Speaker 3 (00:13):
On the air.
Speaker 1 (00:14):
Daniel Penny has been found not guilty of criminally negligent homicide.
Speaker 2 (00:19):
The jury deliberated for more.
Speaker 1 (00:21):
Than twenty four hours across five days before reaching this verdict.
Speaker 3 (00:24):
Every re did you gather in perfect palmy signed by
side on my joinky?
Speaker 2 (00:40):
Oh look, why don't we.
Speaker 1 (00:45):
Time?
Speaker 2 (00:51):
It's like everybody else has vigilities. We need something black vigilities.
Speaker 4 (00:58):
That's right.
Speaker 2 (00:59):
People want to jump up, ain't choke us and kill
us for being loud. How about we do the same
when they attempt to oppress us. You're right, I'm tyay.
America hates black people and we see it from that jury.
C and.
Speaker 3 (01:28):
SiGe my side keep.
Speaker 2 (01:34):
Why not?
Speaker 4 (01:38):
Then hour twenty minutes later they said not guilty. These
wonderful white people, I hope they celebrate their Christmas while
the Nearly family is praying and asking God for comfort.
Speaker 5 (01:50):
Then in America, never that Daniel Penny has not, at
least as of now, volunteered to be the rights next
George Zimmerman or Kyle Rittenhouse to vigilante heroes of the
right who are beloved and famous among Republicans solely for
(02:13):
killing people who they believe need killing and getting acquitted for.
Speaker 1 (02:17):
It at trial.
Speaker 5 (02:18):
Armed conservative must be heavily armed and empowered to kill
at will with your handgun, your AR fifteen, or even
with your bare hands, anyone who makes you feel threatened
or uncomfortable anywhere, anytime, at your front door and your driveway,
driving by a Black Lives Matter rally, or on the
terrifying scary black man Field New York subway.
Speaker 1 (02:38):
And the people who.
Speaker 5 (02:39):
Tend to need killing just happen to be black or brown,
or suffering from mental health crises, or white but just
a little too cozy with BLM, and killing them is
not just your right Republican citizen.
Speaker 1 (02:53):
Doing it makes you a hero. So Jermany Lee's father,
Andrea Zachary, reportedly it was not involved in his son's life,
(03:17):
probably a contributor to the problems that his son had.
The father has a responsibility to their child or they
grow up to be something that is a public nuisance
that leads to such a case. Think of all the
resources that are having to be spent because Andre Zachary
(03:39):
didn't do his job. But as is often the case,
he's probably figuring he can make some money out of this.
So there he is outside the courthouse. He's the long suffering,
grieving father who reportedly was not involved in his son's life,
so he didn't care that his son was terrorizing the
(04:01):
subway every day and being arrested for beating people up.
But now that someone stopped him from doing it and
his son died in the process, Oh, now he would
like to incite a riot.
Speaker 6 (04:17):
I just want to say, I missed my son.
Speaker 2 (04:21):
My son didn't have to go keep this.
Speaker 6 (04:23):
I didn't have to go cu this ei though.
Speaker 2 (04:27):
It hurts, really really hurts. What are we going to do?
Speaker 3 (04:33):
People?
Speaker 2 (04:35):
What's going to happen to us?
Speaker 3 (04:37):
Now?
Speaker 2 (04:41):
Had enough of this?
Speaker 6 (04:43):
The system is rigged.
Speaker 2 (04:48):
Come on, people, let's do something about this.
Speaker 1 (04:55):
What are you going to do about this? The system
is You're right, the system is rigged. Ninety nine percent
of Americans never bother another person. They get up in
(05:16):
the morning and go to work, and while they're at work,
or percentage of them, we'll have someone bust in the window,
kick open the door, break through the back, and steal
from them, whatever race or ethnicity that person may be.
Almost all men, and some percentage every day, will come
(05:39):
home to a house that they couldn't stay there and defend.
It's been ransacked, and the things that they've worked hard
for will be gone or broken. That is true. And
then once home they will have to deal with the
sense of invasion and intrusion and violation. And that person
(06:01):
will never be caught, and if they are, they won't
be charged. That's the soro'sda is. That's the plan here
create kaowk, chaos and mayhem in this country. And it's working.
By the way, to his credit, the Soro system is working.
We are in a complete free fall. Nobody trusts each other.
People have had to take the law into their own hands.
(06:22):
And this is phase two. This leads to civil war.
This is what they want. This is not a defect
in the system. This is part of the design because
eventually people are gonna stop this. And then that same
(06:42):
guy it comes home, he goes to bed that night
and he hears somebody outside rummaging through his car. There's
truck stealing his tools. Not because they want his tools,
they don't use tools. Their thieves. They take it to
the pawn shop, sell to somebody who also have their
tools stolen. So they'll have to go buy tools because
(07:06):
their tools were stolen. So everybody gets paid except for
the poor guy who needs tools to do work because
he shows up to work every day busting his fingers up.
Back hurts because he works for a living. And then
you've got grown men that don't have jobs and don't
have any intention to have jobs, and never have. They've
been criminals from day one. They've been criminals since they
(07:29):
were young men. And that's not my fault, and that's
not your fault. That is the fault of some people.
Make a baby, raise a baby. Now, their school system
is probably pretty crappy, but God help you if you
try to give them the choice to go to an
alternate school, because that too, is racist. They have to
stay stuck in that school because there's somebody black that's
(07:52):
benefiting from that local school. Because they're an administrator and
they don't want the school to be any good. They
have no incine, they don't want any accountability. We're going
through this in Houston right now. The state had to
take over the local school district. The president of the
school board is serving time in prison right now. She
was also the chief of staff to the local county commissioner,
(08:14):
he's also a black or taking bribes or project like
this is the Sorrow's Plan put into practice a king
of Dan and this other guy, Michael Barry. I want
to live in the world of complete and utter honist.
(08:37):
You know, it's supposed to be a terrible thing to
find out that a white person is a racist. They
don't like black people. But there are a lot of
black people that don't like white people. Plenty of them
are serving in government, plenty of or university professors, plenty
of them are presidents of universities. Nobody should have to
(09:04):
like other people. I want to make that clear. You
don't have to like me or anybody who looks like me,
or anybody who looks like anybody in my family. You're
not required to. That's dumb. What you can't do is
act on that basis unfairly unfairly, So nobody gets mad
(09:27):
at the head football coach that he doesn't pick the
fattest kid on the team who also has the slowest
forty time to be the quarterback. Nobody's mad at him
for that. He gets to make that decision, right, because
at the end of the day, we're going to live
with the consequences, win or lose, you better put the
best kid out there. Nobody is required to like other people,
(09:51):
but there has to be consistency. If a black person
is going to call for riots, notice how many people
won't say a word about it because everybody is afraid
of being called a racist. Sometimes people will tell me
(10:14):
they'll send an email it's a chain of where they
got into an argument. Or they'll say, you know, somebody
at their workplace said Michael Berry's a racist, and they'll say, no,
he's not. His wife's from India and his kids are
from Africa. His wife is brown, his kids are black.
And I say, no, no, no, no, no no. Do
(10:35):
not defend me on the basis of the skin color
of my family members. I'm either a racist or I'm not.
As each person gets to decide, we each get to
pass judgment on other people. I either am or I'm not.
But the skin color of my family members is not
(10:58):
a get out of jail free car. Because the minute
you buy into that nonsense, oh, he can't be racist
his kids are black. Well what about the next guy
who says exactly what I say, but his kids are white?
Is he racist? Because he doesn't have black kids he
can use as a crutch. I don't need to have
family members to speak to what I feel and what
(11:24):
I say. And by the way, when people will say
makes me so mad that people in my office think
you're a racist? Why do you care because you're not?
What is a racist? What does it mean? I am
a pursuer of truth.
Speaker 2 (11:47):
There are some.
Speaker 1 (11:48):
Black people I do not like because they rape and murder,
that's true. I so some white people. I don't like Hispanics,
I don't like Asians, fat people, midgets, homos, you name it.
But who I like and don't like and why I
like and don't like them is of really no consequence.
(12:11):
It does not matter the idea that it does. You know,
you take this to its logical extreme. These trends, these
guys that become women, have been all over podcasts and
it's a couple of years ago this was a really
(12:31):
big story and they said that any man who doesn't
want to date a man who dresses as a woman
is a monster and an evil person, and they wanted
that to be the next big thing. Right, you would
have to say I would date one of those people,
And that was their big issue because you shouldn't be
(12:55):
allowed to decide what you like and don't like, and
what turns you on and what doesn't. What they want
is here is the rule. You must like that, and
if you don't like that, then you're a bad person.
Once we can prove you're a bad person, very easy
(13:18):
to do. We put a mark on you, scarlet letter,
a brand, a star of David. Now we can keep
you from being elected to office, We can keep you
from getting a job. Anytime you do something, everybody will
have to take the other person's side. See, this is
what we do is call other ring people. You make
(13:39):
human beings into something other than a human being. It's
othering them. And that's what we've done with racism. See
what you do is you find some way to say
that someone is a racist, and once that is said,
(13:59):
you can't defend against it. And once you're a racist,
you've been othered. You don't have any rights. There is
no presumption of guilt of innocence. You're just a bad person.
Speaker 2 (14:15):
See.
Speaker 1 (14:15):
The only reason Daniel Penny would ever defend the people
on that subway is because Jordan Neely is black. Because
he hates black blacks. And let's roll out the people
who all day, every day scream that everybody hates blacks,
Al Sharpton, blm Into, LACP, the same lawyers, and that's
(14:41):
what they do. They actually make a good living doing that.
I mean, imagine waking up in the morning going all right,
I've got to go find out who I'm gonna call
a racist today. And it pays well. American society has
decided we're going to have certain people who are going
to run around screaming racism and the media. They're very
(15:04):
useful to the media. They are the first call for
the media to make anytime anything's happened. Anything happens. But
this is not how functioning societies work. This is a
cancer on our society. And I'm going to go ahead
and say it again. George Floyd was not choked out.
(15:29):
He said I can't breathe long before anyone was near him.
He couldn't breathe because he had ingested the fentanyl that
he was taking when they came upon him as he
was committing the crime of passing counterfeit bills. Remember there
was a call made that he was committing that felony
(15:50):
and he was a felonie. But who care if we
just send that white police officer to prison, and we
all feel better about ourselves because we don't be.
Speaker 2 (15:56):
Called a racistm Southern Pride.
Speaker 1 (15:58):
Southern Pride with Michael Berry show club called the Redneck
Country Club. It went under and around during COVID because
Fort Ben County, where it was located, southwest of Houston,
for over a year, you couldn't have concerts, and we
were in the concert business, and so we paid our people.
(16:25):
Most of our people we put on salary plus tips
because I want them to have a good quality of life.
I wanted to be professional what they did not like
the hospitality industry, you normally kind of scrape and scrounge,
and I wanted our people to have a certain quality
of life. Was it a good business decision? No, But
I didn't run the place as a business. And we
would have some fantastic musical acts come through. We had
(16:47):
Kenny Rogers last concert in Texas. We had Burle Haggard
a year. We had bur Haggard on his birthday April first,
five days later, I'm sorry. We had Merle Haggard on
April first, which is April fool Day, five days later
was his birthday. April sixth, and exactly one year later,
April sixth, the day he came into the world, he
(17:09):
went out, he passed. We had Charlie Pride, We had
so many great artists. Willie Nelson ted Cruz's election night party.
I wanted to have doctor John. I like doctor John.
And he told his booking people to tell my booking
(17:31):
people that he knew who I was and he would
never play my place because I'm a racist. And I thought,
there's that word again. That word just keeps coming up.
Doesn't it such an interesting word? And most people just
go about their lives without ever questioning what does this
(17:52):
word mean? It's such a powerful word. What does it
mean to be this racist? So Andre Zachary, the father
of Jordan Neeley, and his attorney Monty Mills, went onto
ABC News and listen to what they say, and then
(18:12):
we'll talk about it from a legal standpoint. What aspect
of this do you feel that the jury didn't take
into account that Jordan was a person. That's the only.
Speaker 6 (18:23):
Way that you can see the situation and say that
he did not deserve the justice that we were seeking
on the criminal size. If you don't think he was
valuable enough to do it. The only way you can
say that is Jordan was scary, he came on, he
scared some people on the train.
Speaker 2 (18:41):
That could be.
Speaker 6 (18:41):
True, but at some point you have to be a
human and half humanity and say Daniel Penny could have
let go before Jordan died, he continued to choke him.
Fifty seconds after he was lifeless, he continued to choke him.
There's no reason for that, and there's no reason for
a jury to say that that's not criminal behavior.
Speaker 2 (19:02):
It is.
Speaker 1 (19:03):
Mister Zachary, tell us about your son. What you missed
most about him? Oh?
Speaker 6 (19:08):
Oh, I miss his voice, I miss being around him,
I miss him dancing.
Speaker 1 (19:18):
If you could talk to Daniel Penny directly, what would
you say? Why you didn't say you were sorry? Man?
Come on, man, Why you didn't say nothing? Would that
have mattered? I sure would have. Oh, mister Zachary, Uh,
I'm sure it's not the same. But we do want
to say we're sorry. What are you sorry for? Look,
(19:41):
I don't feel good about somebody's son dying. That's awful,
no doubt about that, no doubt about that. But my understanding,
and I don't know what my understanding is that his
father was not involved in his life. Are you sorry
(20:01):
about that? How often did you talk to him? This
would be an interesting thing to know. I don't doubt
that you're sad that Jordan Neely has died, but realistically,
were you there for him? These are Look, I'm not
the guy to pat you on the back tell you
(20:23):
everything's okay. Somebody's got to ask tough questions. Somebody has
to say what needs to be said, and I'll do that.
I think this guy is a con artist. I think
he's out for his moment. I think he's hoping he'll
get paid. That's what I believe. I think that's what
(20:47):
his lawyer's doing. I think they'll be checks written, always are.
But I want to go to I want to go
to Alexandria Cassio Cortez. Remember she's a congressman representing a
part of New York City. I believe it's Brooklyn. Would
(21:09):
you listen carefully to what she says?
Speaker 5 (21:12):
And they said that he would he would do it
again if necessary.
Speaker 1 (21:16):
There is a part of fact, and what do you
make of the congress? You know?
Speaker 7 (21:20):
Doesn't that I just feel like that that tells us everything.
If we do not want violence on our subways, and
the point of our justice system is a level of
accountability to prevent a person who does not have remorse
about taking another person's life. I mean, even people who
(21:43):
have engaged in nanslaughters or had taken a life accidentally
expressed remorse. And so the fact that a person has
made express no remorse indicates that there's a risk that
it may happen again. And if we do not want
to unleash that level of violence, though, he should exert
a level of accountability to prevent that from happening.
Speaker 1 (22:05):
The New York subway system is a very dangerous place.
Some of you will recall the story of Bernie Getz,
kind of nerdy Jewish guy living in New York, down
on his luck, struggling. Several young black teenagers stuck him up,
(22:27):
took his money. He felt humiliated, he felt emasculated, and
he decided he would never allow that to happen again.
The police couldn't protect him. This happens every day, so
he armed himself lo and behold, those same turns attacked
(22:52):
him again a month or two or three months later,
shot and killed him. And you know what, a jury
of people who rode those subways said not guilty. Oh sure,
he pulled the trigger in they're dead. But one thing
(23:14):
you learn in law school is to understand the elements
of a crime. And if you believe you are defending yourself,
then you lack sufficient what they call malice of forethought.
You lack the men'sraa, the mental state to commit murder.
(23:34):
Just because someone has died doesn't mean you have murdered them.
The question would be, did Daniel Penny have the intention
to end the life of Jordan Neely? That's the jury's question.
(23:56):
If he did not have the intention, should he have
had the reasonable understanding? Would a reasonable person understand that
what he did would end his life? The jury said no. Now,
if he got up on top of him and danced
on him and beat on him some more, okay, that
would cut against But that didn't happen. This is the
(24:23):
Michael Berry Show, So in a moment like this, he's
talking heads on televisions, we'll say he didn't need to
choke him that long you ever choked anybody? How long
(24:43):
did he need to choke him? What do you watch movies?
You watch movies and see how it works. What do
you know about it? You see this kind of commentary,
stupid commentary that occurs when an officer has to shoot
(25:05):
a bad guy and the families will say, you didn't
have to shoot and kill him. He was running at
me with his knife in the air, ready to stab me.
I waited till he was three feet away when I
shot him.
Speaker 2 (25:23):
You didn't have to shoot him in the stomach. You
could have just shot.
Speaker 1 (25:29):
His pinky toe off, like in Harlem Knights. Remember Eddie
Murphy shot what was that woman's name? I love her?
Remember he shot her pinky toe off? Remember that? Oh
you want to hit people with garbage hands. Now I
(25:50):
got to cut you.
Speaker 2 (25:53):
Put that razor away. I ain't playing no more. You
put that razor away. I'm gonna blow your he could
toe off.
Speaker 1 (26:01):
Oh, now you're gonna shoot me in my pinktoe, Dela Reese,
now playing with you.
Speaker 2 (26:06):
I will blow that little black, gnarled, crusty dead foot.
Now put the rais away.
Speaker 1 (26:12):
He must be crazy. Pull your gun on me.
Speaker 2 (26:15):
You're gonna be the nine toe having his limping his
chin holler. You don't stop with me. Now put the
rais away, but go.
Speaker 1 (26:21):
Ahead, shoot it is that is shoot quick ahead, take
your best shot. He shut a toe off. So you
get these talking heads and they go he didn't have
to kill him. First of all, it's not that easy
(26:47):
to subdue a grown man who doesn't want to be subdued.
He didn't shoot him, He didn't bash his head against
the wall. He tried to make him go night night.
You know why, first, to de escalate the threat against others.
(27:10):
A second, to save his life because otherwise he was
going to really hurt him. And you say, well, we'd
rather when he chokes him out. He doesn't choke him
out and him die, but we all would. Daniel Pending
(27:33):
didn't want to kill him. He knew he had a
living hell on his hands. That wasn't the intention. When
the coach has two days and in the searing Texas heat,
the players are out there running and they're not in
shape yet and one of them falls over and dies
(27:57):
with a heart attack. It happens, happens every year somewhere
in America. He didn't intend for the kids to die.
He's trying to get him in shape for the playoffs
later in the season. But you'll get these people who
will say he shouldn't have shot to kill He should
have just wounded him, hit him in the leg. First
(28:18):
of all, you've obviously never shot anything. You shoot center
mass for a reason, because it's very hard to be
accurate with a pistol when something is moving at you
and you're adrenaline is pumping. And if you don't hit
(28:41):
him and either wound him or kill him, he's going
to take the gun from you and kill you with it.
The highest and best opportunity, the highest margin of error,
is to shoot him center mass, straight in the sternum.
It's unfortunate if there's a decent chance you're going to
(29:04):
hit his lungs or his heart. But every shooting instructor
will tell you that's where you shoot him. Nobody, but
nobody is thinking, well, I shoot off his pinky toe.
That'll make him stop, but then I won't have to
kill him. Listen, what has to happen. Here's your accountability,
(29:32):
and this is the lack of accountability. Do not beat
up other people, even if you're black. Do not beat
up other people. Do not beat up women. Do not
rape women or men for that matter. Do not steal
(29:52):
people's cars. Do not kick down their doors. Do not
walk into stors and grab things and leave without paying
for them. Do not go to the counter and put
a gun in the face of a convenience clerk to
take their money. Do not do these things. If you do,
(30:17):
the accountability is we will always side with the person
who did not create this situation. You created it. Now
you're going to suffer for it, and if you escalate it,
you're going to suffer in prison for it. But be
(30:38):
very clear, I am rooting for you to be shot
and killed. And if you're choked out and you don't die,
you just go night night. Fine as you come to.
You should be handcuffed on your way to prison, on
your way to jail, period, end of story. And if
(31:01):
when you go night night, you got a weak heart
or whatever else and you die, you created that situation.
That's the basis of the felony murder doctrine. Two guys
go in a convenience store armed robbery. One of them
get shot by somebody else in the store. You didn't
(31:24):
do the shooting, but you're still to be in charge
with murder because you created an environment where murder could
occur by committing a crime with the aggravating factor of
a gun involved. The real question here is how long
(31:44):
had Jordan kneely because witnesses tell us he's been doing
this for a long time and it was pretty violent.
How long had he been terrorizing the subway? Why is
anybody on the subway anymore?
Speaker 2 (31:55):
Can you imagine? How crap?
Speaker 1 (31:56):
Do you know how many people leave New York because
you have to to ride the subway or get mugged
at ground level? There's your accountability, Hey, Alexandro Casio Cortes,
go spend some time in the subway with no security
guards and let's see how long it is to what
you're complaining about. Is not good samaritan heroes like Daniel
(32:19):
Penny