New York City panel reaches verdict in ‘subway vigilante’ case
Daniel Penny was acquitted of murder charges after he defended fellow passengers against Jordan Neely, a case that prosecutors characterized as racially motivated. Read Full Article at RT.com
A former US Marine, Penny faced accusations for the killing of Jordan Neely, a mentally ill homeless man, following an incident on a New York City commuter train in May 2023. The prosecution contended that Penny's actions were driven by racism.
During the incident, Neely entered the train car and began shouting, claiming that “someone is going to die today.” Alongside two friends, Penny restrained Neely and contacted the police and an ambulance. Neely later succumbed to his injuries in the hospital, prompting local authorities to file charges against Penny.
On Monday, a Manhattan jury rendered a verdict of not guilty on the charge of criminally negligent homicide. Prior to this, Judge Maxwell Wiley had dismissed the more serious charge of second-degree manslaughter on Friday when jurors failed to reach a consensus.
“Who do you want on the next train ride with you?” asked Penny’s attorney, Steven Raiser, in his closing remarks. “The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, all alone in a crowd of others frozen with fear?”
Conversely, prosecutor Dafna Yoran expressed in her closing statement, “What’s so tragic about this case is that even though the defendant started out trying to do the right thing, as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued.”
Throughout the trial, Yoran and her colleagues consistently referred to Penny as “the white man,” adding a racial component to the proceedings. Two of Penny’s friends, both black, who had assisted him in subduing Neely, faced no charges.
The trial garnered significant public attention, dividing opinions in New York and nationwide. Some viewed Penny as a racist murderer taking advantage of a vulnerable person, while others hailed the former Marine as a hero deserving commendation rather than prosecution.
Mayor Eric Adams, a Democrat and African American, commented earlier this month that Penny acted in a manner that “we should have done as a city” by protecting others.
Over 40 witnesses provided testimony during the trial, which included people who were present on the train with Penny and Neely, as well as medical experts. Dr. Cynthia Harris, the city’s medical examiner, classified Neely’s death as a homicide resulting from Penny’s chokehold, based on a six-minute video from a witness.
In contrast, Dr. Satish Chundru, the defense’s medical expert, argued that Neely’s death resulted from “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.” A toxicology report confirmed the presence of K2 in Neely’s system.
In his police interview following the incident, Penny stated he was “not trying to kill the guy,” but was “just trying to keep him from hurting anybody else.” Law enforcement had previously classified Neely as an “emotionally disturbed person” who had been arrested or detained more than 24 times, although he had never been admitted to a mental institution.
Ramin Sohrabi for TROIB News