Daniel Penny’s Acquittal Won’t Undo Damage His Trial Caused

A semblance of sanity emerged in New York City on Monday when a jury found American hero Daniel Penny not guilty of criminally negligent homicide. But the damage has already been done. Conviction or no conviction, this circus was designed to instill fear in men, signaling that if they protect the innocent, the full weight of the system will come crashing down on them.

On Friday, the court dropped the second-degree manslaughter charge after agreeing to prosecutors’ motion to dismiss because jurors could not reach a unanimous decision. In doing so, the jury was permitted to deliberate on the second charge despite nothing in the original jury instructions indicating the jury should move to deliberations on count two if the jury could not agree on a unanimous verdict on the manslaughter charge.

While legal analysts, such as Fox News’ Andy McCarthy, stated such a situation should have resulted in a mistrial declaration, Judge Maxwell Wiley allowed the case to stay alive by permitting the prosecution’s use of dubious legal maneuvers to drop the first charge. Of course that in and of itself is yet just another example of the travesty this trial has been.

While Penny was ultimately acquitted and “justice” (to some extent) was served, the damage has already been done because Penny was on trial simply for being a Good Samaritan.

While on a subway ride in May of 2023, the belligerent, out-of-control thug Jordan Neely began threatening he was going to kill passengers. Neely said he was “prepared to go to jail for life” and was “willing to die.” Penny, a Marine veteran, sprung into action to subdue Neely. One witness told Fox News that Penny was a “hero” who saved her life that day.

“I believe in my heart that [Penny] saved a lot of people that day that could have gotten hurt,” the witness reportedly said. “We were scared for our lives.”

As I previously wrote in these pages, Penny is the definition of a Good Samaritan. He embodies the best of what America has to offer — a young man who doesn’t run away from danger but runs toward it to protect others. But he was charged anyway. The overzealous prosecution didn’t just target Penny; it targeted every man who might now think twice before rushing to the aid of an innocent person in danger. This is exactly how the “Ferguson effect” plays out — discouraging action, emboldening criminals, and putting lives at risk.

St. Louis Police Chief Sam Dotson said the Ferguson effect explains how heightened public scrutiny of law enforcement after the Michael Brown shooting led to reduced police activity, which in turn contributed to a surge in crime.

The acquittal of Penny is a small victory. But the true cost is the long-term impact this case will have on others. The next time a Good Samaritan sees danger, he’ll think twice about what happened to Penny before stepping in. Trying Penny, a Marine veteran, was never about justice — it was about making an example of him.