Daniel Penny: Good Samaritan, or overdone chokehold?

Daniel Penny’s manslaughter trial got underway with both the prosecution and defense making statements. Prosecutors argued that Penny “went too far” and that he handled Jordan Neely as a threat than as a person. The defense argued that Penny only applied enough force that was needed to address a “seething, psychotic” man. The man had posed a threat to a woman with a small child. Neely’s condition at the time was such that law enforcement didn’t want to risk their officers giving mouth-to-mouth resuscitation.

From AP News:

Penny’s critics see him as a white vigilante killer of a Black man who was behaving erratically and making dire statements but wasn’t armed and hadn’t assaulted or even touched anyone in the subway car. Supporters credit the 25-year-old Penny with taking action to protect frightened riders — action that he has said was meant to defuse, not kill.

Prosecutor Dafna Yoran told the anonymous jury that the trial isn’t “a referendum on our society’s failure to deal with mental illness and homelessness on the subway” or on police response. Nor is the case about whether Penny had a right to intervene or about his decision to try a chokehold, she said.

Rather, she said, “He used far too much force for far too long. He went way too far.”

She said he showed “indifference” toward Neely and “didn’t recognize his humanity.”

Not so, said defense lawyer Thomas Kenniff. He told jurors that Penny applied only as much force as needed to contain a “seething, psychotic” man who had lunged toward a woman with a small child and declared, “I will kill.”

“In that moment, Danny could look away and pray, or he could summon the courage to put the safety of his neighbors above that of himself, to protect those who could not protect themselves,” and he did the latter, Kenniff said.

“It doesn’t make him a hero. But it doesn’t make him a killer.”

Jurors, who were quizzed earlier about their subway experiences, later saw police body camera video of officers performing some lifesaving techniques on Neely after Penny calmly explained he had “put him out,” describing Neely as a “crackhead” who was “going crazy.”

The case has been absorbed into the United States’ fractious politics, with Republican officials speaking up for Penny and Democratic ones attending Neely’s funeral. Both supporters and critics of Penny have held demonstrations; Penny arrived at the courthouse Friday to critical chants from a small group of protesters.

Additional Reading: 

Peltz, J. (2024, November 1). Prosecutor says veteran’s subway chokehold went ‘too far.’ Dense says his ‘courage’ helped others. AP News. Link.

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