NYC Judge Refuses To Dismiss Charges Against Daniel Penny

In a decision issued on Wednesday, a New York City judge has denied a motion to dismiss charges against U.S. Marine veteran Daniel Penny. The case, stemming from a 2023 incident on a New York City subway, has been a focal point of discussions around citizen intervention and public safety.

Penny, who faces charges of second-degree manslaughter and criminally negligent homicide following the death of Jordan Neely, a mentally ill homeless man, has pleaded not guilty. The altercation on the F subway train in Manhattan drew widespread attention, particularly due to the corporate media’s hyping of the racial dynamics at play.

According to reports, Neely’s erratic and threatening behavior on the subway led Penny to intervene. Penny, a former infantry squad leader and water survival instructor, claimed he was attempting to protect fellow passengers, many of whom thanked him afterward. This narrative aligns with a sense of duty often admired in conservative circles, where actions taken to defend public safety are highly regarded.

However, the incident has also been mired in controversy. Videos of Penny, who is White, holding Neely, who was Black, in a chokehold went viral, sparking protests and racial justice discussions. Notably, civil rights activist Rev. Al Sharpton spoke at Neely’s funeral, criticizing the decision not to arrest Penny immediately.

Penny’s defense, articulated by his attorney Thomas Kenniff, emphasizes his role in safeguarding fellow passengers. Kenniff expressed confidence in a just verdict by a jury, recognizing Penny’s actions to protect others. This approach, focusing on individual responsibility and heroism, will likely resonate with conservative readers who value self-reliance and civic duty.

The case also sheds light on the broader issues of mental illness and homelessness. Neely, who had been arrested over 40 times, including for violent assaults, was on the city’s “Top 50” list of homeless individuals needing outreach. This aspect of the case underscores the challenges cities face in addressing mental health and homelessness, issues often highlighted in conservative media as needing more effective solutions.

Penny’s actions reflect the American tradition of self-defense and defense of others being threatened with violence. Witnesses described Neely’s behavior as threatening, and Penny himself has recounted the fear and urgency of the situation.