Daniel Penny is set to be arraigned in Manhattan criminal court on June 28 for two counts of homicide related to the death of Jordan Neely on May 1. A spokesperson for the office of Manhattan district attorney Alvin Bragg confirmed the arraignment date to the New York Post. Penny was indicted by a grand jury on June 23, though the indictment has not yet been unsealed. Reports indicate that Penny is charged with 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 in prison.
The circumstances surrounding Neely’s death have sparked controversy. Neely, a dangerous and mentally disturbed felon with over 40 prior arrests, was threatening passengers on a subway car. Penny, a former Marine infantry officer, intervened to defend himself and the other passengers. Neely was black and Penny is white, but there is no evidence to suggest that race played a role in the confrontation. Despite this, some have attempted to frame the incident as racially motivated.
Bragg, an elected progressive Democrat, has been criticized for his handling of the case. Some have accused him of engaging in strategic charging by adding a second count to increase the chances of a conviction. Others have criticized him for needlessly arresting Penny days after the incident, despite the fact that Penny was not a flight risk and his legal team was in regular contact with authorities. Bragg’s actions have been seen by some as a signal of solidarity with the race-obsessed Democratic base that elected him.
The incident has raised concerns about the safety of good Samaritans who intervene to help vulnerable people under attack. With New York City losing nearly half a million residents since 2020 and struggling to cope with an influx of illegal aliens, some worry that Bragg’s approach to prosecuting crimes will only make the city less livable.
