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Daniel Penny remains composed during Jordan Neely’s trial in court.



Daniel Penny appeared in a Manhattan courtroom, projecting confidence despite facing a crowd of BLM protestors outside the building.

Even from the packed 13th-floor courtroom, filled with reporters and Jordan Neely’s supporters, the noise from the street below could still be heard.

This case has shed light on the failings of the ultra-progressive prosecutor Alvin Bragg, allowing mentally ill, violent criminals to roam free while law-abiding citizens face danger.

Sadly, Penny, a former Marine, found himself caught up in a difficult situation, trying to help in a chaotic moment.

Daniel Penny arriving at Manhattan Criminal Court for his manslaughter trial. James Messerschmidt for NY Post

For his attempt to intervene, Penny, who is white, was labeled as a racist vigilante and now faces charges of second-degree manslaughter and criminally negligent homicide for the death of Neely, a mentally ill, homeless man who was threatening subway riders. Penny, in a chokehold, caused Neely’s death according to the medical examiner.

He now faces a possible 15-year prison sentence.

“This man decided to take down Jordan Neely, to neutralize him,” prosecutor Dafna Yoran told the jurors during the trial’s opening statements.

The prosecution and defense presented conflicting accounts of the chokehold incident. Yoran argued that Penny, with his military background, had knowledge of the dangers of chokeholds and acted negligently.

Yoran further accused Penny of not attempting to revive Neely, despite being trained in CPR, and instead focusing on picking up his fallen hat before waiting for the police. This revelation shocked Neely’s supporters in the courtroom.

Protesters demand justice for Jordan Neely outside the courthouse. AP
A sketch of Daniel Penny and prosecutor Dafna Yoran during the trial’s opening statements. Jane Rosenberg

Neely took his last breaths on the subway and was neglected by society despite his struggles, Yoran emphasized.

On May 1, 2023, Jordan Neely’s actions on the subway train frightened passengers, drawing attention to the neglect of individuals like him in society.

Amidst a history of violence in the subway, Neely’s actions provoked fear and anxiety among commuters, leading to the tragic incident.

Kenniff, Penny’s defense attorney, portrayed Neely as a violent and threatening individual, justifying Penny’s actions as a means of protecting others on the train.

A supporter of Jordan Neely condemns his death as a “modern lynching.” James Messerschmidt for NY Post

Kenniff praised Penny’s actions, claiming he did what anyone would want others to do in a similar situation.

Both sides highlighted the importance of video evidence in the case, providing insights into the events leading up to Neely’s death.

Regardless of the technicalities of the incident, the intense emotions and threats in that confined space cannot be measured by time.

Footage of medics trying to revive Neely serves as a crucial piece of evidence in the trial. Juan Vazquez

Neely’s tragic life story, filled with hardships and mental health challenges, highlights systemic failures that ultimately led to the fatal confrontation.

Penny should not be held accountable for the failures of a flawed system that failed to support individuals like Neely.



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