Daniel Penny is set to be arraigned in Manhattan criminal court on June 28 on two counts of homicide related to the death of Jordan Neely on May 1. The indictment against Penny, who was indicted by a grand jury on Wednesday, has not been unsealed. However, reports suggest that Penny is facing charges of second-degree manslaughter and criminally negligent homicide. The former charge carries a potential sentence of up to 15 years in prison, while the latter carries a potential sentence of up to four years.
It is believed that Manhattan district attorney Alvin Bragg has added the second charge to increase the chances of securing a conviction against Penny. Bragg may be hoping that, if the jury finds the recklessness charge to be overblown, they may still convict Penny of negligence instead. This would be seen as a fairer result than acquitting him entirely. It is also possible that Bragg hopes Penny will plead guilty to the criminally negligent homicide charge to avoid the possibility of a 15-year sentence for second-degree manslaughter.
The incident occurred on a subway train when Neely, a dangerous and mentally disturbed felon, threatened passengers. Penny, a former Marine infantry officer, stepped up to defend himself and others. The confrontation was not racially motivated, and Penny was assisted by at least one black passenger. However, the incident has been turned into a racial issue by some, putting pressure on Bragg to act.
Bragg needlessly arrested Penny days after the incident, despite knowing his whereabouts and that he was not a flight risk. Bragg could have simply presented the case to the grand jury, but instead chose to have Penny arrested and have $100,000 bail set. This was seen as a signal of solidarity with the Democratic base that elected him.
The incident has raised concerns about the treatment of good Samaritans who come to the aid of vulnerable people under attack. It is feared that potential helpers may be deterred by the prospect of aggressive prosecution. The situation is compounded by the fact that New York City has lost nearly half a million residents since 2020, while close to 70,000 illegal aliens have flooded the city in recent months. The city lacks the resources to cope with this influx, and some are blaming progressive governance for the situation.
