Vern Evans
A Manhattan jury this morning found Marine veteran and subway hero Daniel Penny not guilty in the choking death of Jordan Neely.
The jury acquitted Penny of criminally negligent homicide, which could have cost him four years in prison, in Neely’s chokehold death aboard a crowded uptown F train in May 2023. The judge in the case tossed the original charge of second-degree manslaughter last Friday after jurors could not reach a unanimous verdict on the charge.
Penny was riding the subway when Neely—a man with a long history of mental health issues and violent outbursts—began threatening passengers. Witnesses described Neely’s behavior as erratic and frightening. Penny acted decisively, restraining Neely in a chokehold to prevent what he and others clearly believed was a potential attack. Tragically, Neely died.
Throughout the case, the prosecution and defense differed sharply on the causes of Neely’s death, the appropriateness of using deadly physical force to protect passengers and the validity of defense claims that Penny’s actions were justified under New York law. In the end, the defense apparently made a better case to the jurors, who handed down the not guilty verdict.
The prosecution of Penny sent a chilling message to all Americans: If you step up to stop violence, you might become the next defendant. At the very least, it told us that in Manhattan District Attorney Alvin Bragg’s New York, the safest course of action is to do nothing. Let the chaos unfold, keep your hands to yourself and pray the police arrive before anyone gets seriously hurt.
Had the jury found Penny guilty of either manslaughter or negligent homicide, that message would have been hammered home in the minds of New Yorkers, as well as interested observers across the country. The not guilty verdict, on the other hand, instills the notion that seeing others in danger and acting in a heroic manner still represents the “American way,” where able citizens help those who are unable to defend themselves.
To be sure, prosecuting Penny wasn’t about justice—rather, it was about politics. It was about sending a message that the powers that be were more interested in virtue-signaling than in protecting their citizens.
Because of that, the verdict brought mixed reactions from observers in the political realm, with several who have opposed Penny’s prosecution from the very beginning feeling vindicated by the decision.
One Republican New York City Councilman, Joe Borelli, saw the not guilty verdict as an indictment of District Attorney Alvin Bragg, who many have criticized soundly for prosecuting Penny.
“The verdict in this case underscores nothing other than the perverse sense of justice held by Alvin Bragg,” told the New York Post. “Every New Yorker is fearful on the subway and had no problem understanding the context of Daniel Penny’s actions. The district attorney should resign in shame.”
In the end, a conviction of Penny would have been a devastating slap in the face to him and the many people he protected on that subway last May. The acquittal sends an entirely different message: It’s still appropriate to protect your fellow Americans from danger without going to jail for doing so.
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