Daniel Penny has been found not guilty by a jury in the chokehold death of Jordan Neely. The case has sparked widespread analysis in the media, with discussions highlighting a divide over the verdict.
Contrasting headlines reflect the political nature of the case:
CNN: “Why Some MAGA Allies Are Celebrating Daniel Penny’s Acquittal”
Fox News: “Liberals Rage After Daniel Penny Acquitted”
New York attorneys and media analysts from both sides weighed in on a CNN panel. Some argued for Penny’s conviction, while others believed the jury reached the right decision in acquitting him.
“It’s not reasonable to kill somebody for yelling,” Solomon Jones, columnist, said. “He was yelling on the subway… all they knew is that he was yelling on the subway, 140 pounds wet, he was unarmed, there was no way he was going to kill somebody.”
“It doesn’t give you a free pass to kill someone because you hear someone is mentally ill,” Bernarda Villalona, criminal defense attorney, said on the panel.
“People on the left can’t seem to tell a difference between the good guys and the bad guys,” Scott Jennings, CNN senior political commentator, said.
The debate over whether race played a role in the case also emerged among panelists. Conservative and moderate hosts among multiple outlets generally believed race was not a factor. However, those with more progressive views argued it was.
“I’m gonna say the dreaded ‘r’ word, race plays a role in this,” Jones stated. “Statistics say that when people kill people who are white, they get harsher sentences, especially if they are people of color.”
Those who disagreed with racializing the case, like Emily Compagno of Fox News, argued that “the jury saw no color in this trial.”
“Those that are racializing this or protesting, to me, do not represent in any way what occurred on that subway,” Compagno said.
The post-trial debate also revolved around whether Penny should be viewed as a hero. Conservative and moderate hosts largely supported the idea, while others rejected it.
“I want to know whether you think, as Congressman Crane does, that Penny should get the Congressional Gold Medal to recognize his heroism,” one panelist asked.
“I think he ought to get the medal and I think we ought to build a statue of this guy in New York City,” Jennings said.
In May 2023, Daniel Penny placed Jordan Neely, a homeless man, into a chokehold on a New York City subway. Witnesses said Neely was acting erratically and threatening passengers. Penny, a former Marine, restrained Neely for about six minutes, and Neely later died.
The prosecution argued that the chokehold led to Neely’s death, charging Penny with second-degree manslaughter and criminally negligent homicide.
Penny’s legal team claimed self-defense. His defense stated he was protecting himself and other passengers from a mentally ill man making alarming threats. The defense suggested that Neely’s death was the result of a combination of drugs and mental illness.
The judge dismissed a manslaughter charge against Penny last week after the jury failed to reach a unanimous verdict. On Monday, Dec. 9, the jury found Penny not guilty of criminally negligent homicide.
