Daniel Penny’s Defense Rests with Courtroom Point: Neely Should Have Been in Custody

The defense rested Friday in the New York City trial of a Marine veteran in the death of a mentally ill homeless man without the defendant taking the stand, but with his attorneys making a vital point.

Daniel Penny, who stepped up in May 2023 when a deranged Jordan Neely began threatening fellow subway riders, declined testify in his own defense, according to the New York Post.

But jurors did hear from a defense witness who testified why Neely should never have been on that subway car in the first place.

According to the Post, Penny’s defense called New York court clerk Brian Kempf, who told the court that authorities had an open warrant for Neely’s arrest related to an assault conviction in 2021.

As part of a plea deal, the Post reported, Neely had agreed to participate in intensive outpatient therapy to avoid prison time for the conviction. But Neely left treatment, and a judge issued a warrant for his arrest.

That was in February 2023, according to Fox News. It was just two months before the fatal encounter on the Manhattan F train.

In other words, a police officer who encountered Neely engaged in any one of his customary criminal acts (he’d had 42 arrests between 2013 and 2021, according to Newsweek) could have run his name and found a court order to take him into custody.

That’s basically proof that Neely himself was a clear and present danger to the citizens of New York — and whatever other community he might find himself in.

Penny’s defense team was underscoring that point — and potentially communicating to jurors that Penny was acting on that fact when he placed Neely in a chokehold; that Penny was preventing the danger Neely presented from getting out of hand.

As usual with the high-profile Penny case, Friday’s developments brought a storm of commentary to social media:

This is a modern day LYNCHING

— Wim Wagler (@2h2odawgs) November 23, 2024

American hero

— Bucky Gruntz (@BuckyGruntz) November 22, 2024

I pray it is a quick non-guilty verdict!

— Janice Waddell (@Janihall58) November 22, 2024

With Manhattan District Attorney Alvin Bragg more interested in his prosecution of former President (now President-elect) Donald Trump than putting away street criminals, the borough’s legal system has been in chaos since Bragg took office.

If Jordan Neely had not been free to terrorize passengers in that subway car on May 1, 2023, Daniel Penny would not have had to step in to stop him.

Penny would not be facing trial now. And Neely would likely still be alive.

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