Daniel Penny, the Marine vet who restrained a violent homeless
man while riding the New York City Subway, was acquitted in
December 2004 for the 2023 death of the erratically behaving
rider whom Penny employed a chokehold upon in order to
restrain him. The jury found Penny wasn't criminally reckless,
though prosecutors argued the force was excessive and prolonged,
with the case touching off a nation-wide debate on mental health,
vigilantism, and race. The family of Jordan Neely, the 30-year old
homeless man whom Penny had held back had filed a separate
wrongful death lawsuit, the results of which The Peasant does not
have information on at present. Penny is white, and Neely was
black.
Having quite some time ago blogged about this incident here on
this blogsite, here are the facts of the story in order to refresh your
memories, my grand readers:
Neely was a mentally ill homeless man, and was acting erratically
and yelling on a subway train. He made the other passengers nearby
feel unsafe and fearful when Daniel Penny intervened, restraining
Neely in a chokehold for several minutes during which Neely became
unresponsive. The NYC medical examiner ruled Neely's death a
homicide due to compression of the neck.
Penny was charged with criminally negligent homicide and man-
slaughter but the latter charge was dismissed during the trial.
Prosecutors argued Penny used excessive force for too long, while
the defense stated that he acted to protect others from a perceived
threat.
In December 2004, a jury acquitted Penny, finding he didn't act with
the criminal negligence required for a conviction. The case sparked
nationwide debate on subway safety, mental health, race, and self-
defense.
We have reason to rejoice in Daniel Penny being judged innocent of
the charges against him. May he have as much good fortune in the
wrongful death case brought against him. Meanwhile it looks like
there is some justice for crime victims and heroic citizens in New
York after all.
MEM
