Paul Mauro: Daniel Penny Should Fight This Civil Case Tooth And Nail If It Goes Forward

Retired NYPD inspector Paul Mauro joins Fox Across America With guest host Rich Zeoli to shed light on what’s next for Daniel Penny after he was acquitted on Monday in the chokehold death of Jordan Neely.

“You know, this is one of the reasons why the criminal case was so important, because the criminal case, remember, has to be decided at the level of beyond a reasonable doubt, which is generally considered to be like in the 90s. Right? 95 percent. You have very little doubt and that’s it. Okay. Preponderance of the evidence, however, is the standard in civil court, which is generally considered to be about 51 percent. So if you win in criminal court. And all that stuff is coming in. You can invoke the same evidence, etc., that you had in the criminal case into the civil case. It’s really a fait accompli because it’s right there that you can say, look, this person was found guilty by a jury of his peers to like the 90 something percentile. And now all we need you to do is to come out at about 51 percent here in our civil trial. And so very often, if you’ve been convicted criminally, it’s as I said, it’s a done deal in a civil trial. And so you see a settlement. Daniel Penny now is not in that circumstance. And as a result, he will fight it. That’s my absolute expectation, is that he’s going to say, you want to sue me, I’ll see you in court. And they’re going to throw all kinds of monkey wrenches into the apparatus of the complainants here of the plaintiffs into their case relative to findings that came out in the criminal case, etc.. There’s going to be all kinds of sand thrown in those gears. And consequently, I think that the civil case is very, very far from a slam dunk. I think if I’m Daniel Penny, I fight it tooth and nail, throw everything at it that I can. And I think he’s got a very good chance of prevailing if it even goes forward.”

Listen to the podcast to hear what else Paul had to say to Rich!