Daniel Penny is not a hero

By Editorial Staff
The Philadelphia Tribune
Reprinted – by Texas Metro News
https://www.phillytrib.com/

After being acquitted of homicide in the subway chokehold trial, Daniel Penny is sadly being hailed by some, including elected officials, as a hero.

Penny, a Marine veteran who choked a homeless, mentally ill man on a New York subway, was acquitted of criminally negligent homicide.

On Monday, a Manhattan jury cleared Penny of a criminally negligent homicide charge in the death of Jordan Neely, 30. The jury had deadlocked last week on a more serious manslaughter charge, which was dismissed.

Penny put Neely in a chokehold for about six minutes after Neely had an outburst that frightened riders on a subway car on May 1, 2023. Penny is white. Neely was Black.

Penny’s acquittal was celebrated by some who believe that it was outrageous that he was even prosecuted.

Vice President-elect JD Vance posted Monday on X: “I have not said much about this case out of fear of (negatively) influencing the jury. But thank God justice was done in this case. It was a scandal Penny was ever prosecuted in the first place.”

Some politicians including New York Republican Congressman Mike Lawler have demanded the resignation of Alvin Bragg for bringing charges against Penny.

Penny chose not to testify at the trial, but the jury heard what he told police shortly after his encounter with Neely. Describing Neely as “a crackhead” who was “acting like a lunatic.”

A New York City medical examiner determined Neely’s cause of death was a direct result of Penny’s chokehold.

So were Penny’s actions justified?

Did he act as a hero or would he be more accurately described as someone who took the law in his own hands?

Daniel Penny is not a hero.

According to passengers, Neely, a homeless street performer, was acting erratically and making threats to kill people.

However, Neely hadn’t touched anyone and was unarmed.

Penny put Neely in a chokehold for about six minutes after Neely’s outburst. Penny’s arm remained around Neely’s neck after another rider intervened to hold down the man’s arms, and onlookers worried aloud that Neely might be dying, and he went still for nearly a minute, bystanders’ video showed.

“Yes, he was acting erratically. But personally, I don’t believe being mentally unwell and being homeless is a crime worthy of death,” said Sean Blackmon, one of the organizers of a demonstration where scores of New Yorkers protested the trial outcome Tuesday evening.

Prosecutors point out that Penny went too far in responding to Neely, who was unarmed.

As Christopher Neely, Jordan’s uncle, is right in saying that Neely didn’t deserve to die over his tirade.

“What gave Daniel Penny the right to choke Jordan nearly for six minutes?” he said outside the courthouse. “He had an option to go to another car. He had the option to say something and not do nothing.”

Jordan Neely’s estate and his father, Andre Zachary, are pursuing a civil case in response to Penny’s acquittal. They are rightfully continuing to seek justice for Neely’s death.