New York Sharply Divided Over Penny Acquittal
Republicans celebrated the verdict, while it faced widespread condemnation from the left.
Jurors determined that Penny did not engage in criminally negligent homicide when he placed Neely in a chokehold on an F train in February 2023. Neely subsequently died, with a medical examiner ruling homicide as the cause of death.
As crime continues to rank high among New Yorkers’ concerns, reactions to the case have fallen starkly along partisan lines among politicians.
Many Republicans hailed Penny as a hero and criticized Manhattan District Attorney Alvin Bragg, a Democrat, for pursuing charges against him. They argued that the former Marine was defending other passengers, highlighting that he told authorities he did not intend to kill Neely.
“I have not said much about this case out of fear of influencing the journey,” Vice President-Elect JD Vance posted on X Monday afternoon. “But thank God justice was done in this case. It was a scandal Penny was ever prosecuted in the first place.”
Over the years, numerous Republicans have been calling for Bragg's resignation or removal, pointing to his prosecution of President-elect Donald Trump and his decision to forego prosecutions for various low-level offenses. In light of the verdict, these calls were reiterated by several elected officials, including Rep. Mike Lawler, who is contemplating a gubernatorial run, and City Council Minority Leader Joe Borelli.
“The only evidence we saw was the clear and convincing evidence of the perverse idea of justice held by Alvin Bragg,” Borelli said. “He should resign, move out of state and live out the rest of his days in shame as the least effective law enforcement official since Barney Fife.”
Bragg has resisted such demands and is considered likely to win reelection in 2025 in his heavily Democratic district. Mayor Eric Adams, facing his own calls for resignation or removal after his indictment, defended Bragg, stating he is “totally against using mechanisms” to remove elected officials, noting their “great partnership.”
Bragg’s office justified the decision to pursue charges, stating that the jury’s four days of deliberation “underscored why this case was put in front of a jury of Mr. Penny’s peers.” The office expressed respect for the jury process—an earlier manslaughter charge had been dismissed due to a deadlock among jurors—and accepted the verdict. However, Bragg also condemned the hate and threats directed towards the prosecutors and their families, which were conveyed through various channels.
Advocates and organizations on the left voiced their anger over the acquittal.
David Giffen, executive director of the Coalition for the Homeless, noted that Neely was known to service providers and had frequently cycled through the homeless shelter system. He argued that rather than confronting Penny, Neely should have received medical assistance long before.
“Jordan deserved a life of dignity and respect — and deserved the help that he sought, but could not get,” Giffen stated. “Instead, he became the victim of … Daniel Penny’s outrageous and unacceptable vigilantism and of our City’s and State’s failure to provide quality voluntary mental health care and access to permanent supportive housing to people trying to survive on our streets.”
Public Advocate Jumaane Williams highlighted the racial and socioeconomic dimensions of the case, noting that Penny, 26, is white and a former Marine, while Neely was Black and 30 years old at the time of his death.
“What would the verdict be if there was a Black homeless man who felt threatened by a white ex-Marine who maybe had some mental issues, and choked him to death?” Williams posed to reporters.
The New York Working Families Party characterized Neely’s death as “a modern-day lynching.”
“Today’s news that Daniel Penny was found not guilty of murdering Jordan Neely underscores that our criminal justice system is still beyond broken,” Jasmine Gripper and Ana María Archila, co-directors of the party, stated. “This ruling fails to recognize that Jordan Neely’s life mattered.”
Gripper and Archila specifically criticized the mayor for not condemning Penny’s actions.
On Monday, Adams mostly deferred to the jury's judgment while expressing concern over the state of New York’s social safety net. He has been advocating for more authority from Albany to forcibly detain individuals living on the streets who pose a threat to themselves or others.
“Do I think it’s the right verdict or the wrong verdict? The jury made their decision,” he remarked. “I respect the process.”
Camille Lefevre for TROIB News