Former Marine Daniel Penny, who was acquitted of all charges in connection with the 2023 subway death of Jordan Neely, a homeless New York City man, is still facing a civil lawsuit where the burden of proof will be easier to meet, retired Judge Andrew Napolitano said Tuesday on Newsmax.

“The standards are very different,” Napolitano said on “Wake Up America,” explaining that in a criminal case, the prosecution must show proof beyond a reasonable doubt and to a moral certainty.

“Consider that [to be] about 99% out of 100,” he said. “In a civil case, it’s a preponderance of the evidence. Consider that 51% out of 100.”

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