As a New Yorker, someone who’s spent countless hours navigating the chaos of our subway system, I find myself deeply conflicted about the Daniel Penny case. On one hand, the video evidence—allegedly showing Penny holding Jordan Neely in a chokehold well past the point where he appeared to go limp—makes it hard to dismiss the argument that excessive force was used. On the other hand, Penny’s actions, however misguided, seem born out of a desire to protect others in a situation he likely perceived as dangerous. But this isn’t a war zone; it’s a city built on laws, and vigilantism is not the answer to our problems.
The subway, for all its grime and unpredictability, is a shared space where millions of us coexist daily. Neely’s behavior—allegedly erratic and threatening—undoubtedly made passengers nervous. Yet being disruptive or frightening should not carry a death sentence. At the same time, it’s easy to imagine that Penny, a young Marine veteran, thought he was stepping up in a moment of crisis. And who doesn’t want a hero when they feel their life might be in danger?
But here’s the rub: a hero doesn’t choke someone out for several minutes, especially when others are warning, “You’re going to kill him.” That’s not heroism; it’s recklessness. The court’s decision to drop the manslaughter charge reflects a tricky balance—acknowledging, perhaps, that Penny didn’t act with outright malice while leaving room for accountability under the lesser charge of criminally negligent homicide.
And accountability is crucial. Allowing such actions to go unchecked risks setting a dangerous precedent, encouraging New Yorkers—or anyone—to take the law into their own hands in moments of panic or frustration. Yet I also hesitate to call for the harshest punishment possible. Penny is not some hardened criminal; he’s a young man who made what he likely believed was a righteous decision under extreme pressure. His life shouldn’t be ruined, but Neely’s life was lost. That cannot be ignored.
I’m torn because this case speaks to broader issues about mental health, race, and the fear many New Yorkers feel on public transit. Neely’s life—a life plagued by homelessness and untreated mental illness—deserved better from our society. If our city had systems in place to help people like Neely before they reach such a breaking point, perhaps this tragic encounter would never have happened.
Ultimately, I believe the judge was right to drop the manslaughter charge, though not without some hesitation. If nothing else, Penny’s actions demand serious scrutiny—not to ruin his life, but to reinforce the idea that we can’t solve societal problems with individual acts of violence.
This is not a black-and-white case. It’s a vivid shade of gray, messy and heartbreaking. As a New Yorker who rides the subways, I understand the urge to want someone to step in when a situation turns scary. But I also know we can’t allow fear or frustration to override the basic humanity owed to every person, even those who frighten or disrupt us.
Further Reading and References
- Kyle Schnitzer and Ben Kochman, “Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice,” New York Post, December 6, 2024. New York Post (Retrieved: December 6, 2024).
- Lauren del Valle, Gloria Pazmino, Eric Levenson, and Celina Tebor, “Judge dismisses manslaughter charge against Daniel Penny, jury to return Monday to mull criminally negligent homicide charge,” CNN, December 6, 2024. CNN (Retrieved: December 6, 2024).
- Janelle Griffith, “Judge dismisses manslaughter charge in Daniel Penny trial after jury deadlock,” NBC News, December 6, 2024. NBC News (Retrieved: December 6, 2024).
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