The Acquittal of Daniel Penny: A Necessary Decision for NYC
The trial of Daniel Penny concluded on Monday morning with the powerful phrase: “Not guilty.”
After five weeks of evidence, nearly a week of jury deliberations, and two instances of jury deadlock that prompted the judge to dismiss the manslaughter charge against the 26-year-old last Friday, the moment was one of relief.
It was also a moment for Penny’s supporters to take in the victory. Justice had prevailed.
As the jury foreman announced the verdict, cheers erupted in the courtroom in Manhattan.
Judge Wiley Maxwell attempted to restore order, but the emotional atmosphere was simply too intense to contain.
Andre Zachary, father of Jordan Neely, who died on May 1, 2023, due to being restrained by Penny, shouted something that couldn’t be heard and was quickly escorted out of the courtroom. (Just last week, Zachary filed a civil lawsuit against Penny, claiming negligence, assault, and battery.)
Then, BLM leader Hawk Newsome shouted, “Small world, buddy,” clearly directed at Penny as a threat. His sister, Chivona Newsome, railed that America is a “f–king racist country,” while another woman began to weep.
However, the judicial system in New York City — which has been increasingly influenced by lenient crime policies under Manhattan DA Alvin Bragg — functioned properly when challenged beyond legal limits. It was a sigh of relief.
This verdict carried significant weight. It was not just about the freedom of a good man who served his country in the United States Marines.
The case had the potential to dismantle the fragile understanding that binds New Yorkers together — the recognition that even as strangers, we are collectively responsible for each other’s well-being in this urban landscape.
In times of danger or when someone is in need, we must have the courage to step in and assist, providing a safe space until help arrives.
Such actions should not be criminalized; they ought to be lauded.
During the intense trial, I heard from experienced subway riders regarding the palpable fear they felt on that fateful day on the uptown F train when Neely entered, threatening violence.
I witnessed Alethea Gittings, who described feeling “sh-tless” and expressed gratitude to Penny for his actions, and 19-year-old Ivette Rosario, who thought she might faint from fear. Their accounts were echoed by many others: they had never encountered Neely’s volatile outbursts before.
I was reminded of Mr. Rogers’ famous words meant to comfort children during a crisis: “Look for the helpers. You will always find people who are helping.”
Sadly, with the decline of societal norms and the increasing tendency for individuals to retreat into their smartphones — or even worse, to record rather than engage — true helpers are becoming a rare breed.
If Penny had been convicted, active helpers might have become extinct, sending the message that one should be a passive bystander. This would have been a setback for us all.
This is a daunting thought.
Although we often feel disillusioned, New York City is a place where relying on the kindness of strangers remains essential.
This verdict signifies a commitment to decency and serves as a reminder for all New Yorkers to engage, assist, and help — to not merely turn away.
After his victory, Penny, who faced a potential four-year prison sentence, headed to Stone Street tavern with his legal team to toast the outcome. I took a moment to congratulate “Danny,” and he responded with a broad, genuine smile, revealing a side we hadn’t seen through the last 19 months of the trial. It transformed his entire persona.
In that instant, I recognized the true “Danny” — a laid-back surfer who loves his baby niece, visits his grandparents, and always supports his three sisters and mother. A man described in court by a childhood friend as “extra kind.”
I witnessed firsthand the warmth and empathy that motivated him to put his own safety on the line for total strangers. He is a true asset to our city.
