Retired NYPD inspector Paul Mauro joins Fox Across America With guest host Harry Hurley to give his take on Marine veteran Daniel Penny denying that he was trying to choke Jordan Neely to death during an incident on a New York City subway last month.

“A new significant, I consider significant fact came out of these recent videos that Daniel Penney has released, which is that he says that at one point Jordan Neely said something like, I’m going to kill you. And that’s a level of threat that argues then that, okay, he is looking to employ deadly force. That is, Jordan Neely is. So you’re in a confined area. You’re between stations. For some reason, the meme got out there that the quote unquote, so-called chokehold was 15 minutes long. It was not. I actually clocked it at about three and a half. Daniel Penny clocks it a little bit longer. Okay. Either way, it was nowhere near 15 minutes. And what it really comes down to in the legal analysis is whether or not the threat that was portrayed by Jordan Neely, whether Daniel Penny met that threat with a commensurate amount of force. And it comes down to that balancing act. And you really could throw a lot of legal leaves out the window. It really comes down to, was Daniel Penny’s actions, were they reasonable in light of the threat that Jordan initially presented? And when you consider that nobody on that car had any idea what his intentions were. But also, did Neely have a weapon? You never hear about that. But you don’t know that at the time.”

Listen to the podcast to hear what else he had to say to Harry!