Daniel Penny Protected Subway Riders. He’s On Trial for His Life.

• Daniel Penny is on trial for the death of Jordan Neely, a homeless man who Penny subdued on a Manhattan subway after becoming aggressive.

• The trial hinges on whether Penny's actions constituted self-defense or criminal negligence.

• Controversy surrounds the case, with racial and political motivations potentially overshadowing the facts.

The story

The trial of Daniel Penny, a 26-year-old Marine veteran, has reignited national debates over public safety, self-defense, and the justice system.

Penny is charged with manslaughter and criminally negligent homicide for his role in the death of Jordan Neely, a 30-year-old homeless man, following a May 2023 incident on a New York City subway.

Witnesses testified that Neely, a mentally disturbed man with a history of arrests, entered the train car ranting, throwing his jacket, and issuing death threats. Frightened passengers reportedly felt terrorized, with some thanking Penny for intervening. Penny restrained Neely in a chokehold for nearly six minutes, during which Neely lost consciousness and later died.

Prosecutors argue that Penny’s actions were excessive and reckless. However, Penny’s defense maintains he acted to protect himself and others in a chaotic and threatening situation.

The medical examiner and supposed “star witness,” Dr. Cynthia Harris, testified that Neely’s death resulted solely from the chokehold, despite evidence of having synthetic drugs in his system. However, Harris used the word “homicide” to describe Penny’s actions during her testimony, prompting the defense to enter a motion for a mistrial.

Penny, notably, is not on trial for murder or homicide.

The trial took a dramatic turn when a key witness, Eric Gonzales, admitted to lying in his initial statements to prosecutors, falsely claiming he was present when Jordan Neely threatened passengers.

Gonzales later acknowledged he arrived after Penny had already subdued Neely, justifying his earlier falsehoods as an attempt to explain his own involvement in holding Neely down. However, his false statement does not undermine the fact that Gonzalez and other passengers clearly felt threatened by the belligerent homeless man on the subway.

With the trial’s conclusion expected before Thanksgiving, Penny faces up to 15 years in prison if convicted of manslaughter.

The politics

On the left, Penny is cast as a vigilante who used excessive force against a vulnerable black man. Progressive figures and activists argue that the justice system fails to protect marginalized communities, framing Neely as a victim of systemic inequities.

On the right, Penny is hailed as a hero who stepped up in the face of chaos and danger while authorities failed to act. Critics of Manhattan District Attorney Alvin Bragg accuse him of pursuing the case for political gain, highlighting his track record of leniency toward violent offenders while aggressively prosecuting high-profile cases like Penny's.

Many on the right do not even believe that the case should have been brought to trial, considering the witness testimony claiming Neely was making threats against other passengers.

Conservative lawyer and columnist Andrew McCarthy labeled the trial a "racialized morality play," arguing that prosecutors would not have pursued charges had Penny been black or Neely white.

Beyond the Headlines

Daniel Penny’s defense team has argued that he is not getting a fair trial, with considerable evidence supporting this claim.

First, they criticized the inclusion of testimony from a homeless man with a criminal history of assault — who referred to Penny as a “white man” and "murderer" despite no murder charge being filed against him.

According to police bodycam footage, other passengers on the train were defending Penny’s actions. One was heard saying, "[Daniel Penny] did take him down really respectfully ... he didn't choke him."

Given New York City's far-left DA and predominantly left-leaning population, there are real concerns about Daniel Penny receiving a fair trial. In New York County, where the trial is taking place, 82 percent of voters supported Kamala Harris in the general election. This raises the likelihood of a biased jury pool, despite their responsibility to deliver blind justice.

Why it matters

The elephant in the room of Daniel Penny’s trial is that he is a white man who took action to subdue a black man. Though his actions protected himself and other passengers, the narrative around the case is that white men can kill black men without repercussion.

The outcome will resonate far beyond the courtroom, with many left wondering how anyone can defend themselves in major cities without facing the risk of being prosecuted, even when stepping in to protect innocent bystanders. When it comes to a politically charged trial with a racial narrative overshadowing it, delivering impartial justice may just become an afterthought.