Daniel Penny’s Charge is a Travesty

Daniel Penny’s charge of second degree manslaughter is a travesty. Living in a city as densely populated as NYC you get used to a lack of personal space really quick. However, Robert Frost said “good fences make good neighbors.” It’s impossible to have fences on a train. What do you do if someone on the train or in public has absolutely no respect for your personal boundaries? What do you do if they start making threats? Unfortunately NYC is limiting our options and is doing little to prevent a Jordan Neely calamity from happening again.

To refresh readers, here is a summary of what led to Daniel Penny’s charge in the death of Jordan Neely.

Penny is being tried for the unintentional killing of Neely. In the afternoon of May 1st, 2023 Jordan Neely entered a northbound F train at 2nd Avenue. Neely, a mentally insane homeless man, entered the train and proceeded to terrorize the riders of that train car. He shouted “I don’t care if I go to jail, and if they give me life in prison!” Neely was throwing garbage at people and not respecting any sense of personal boundaries.

Neely was violently walking through the train car and screaming in people’s faces.

Unfortunately there is no video footage leading to the confrontation, but Penny placed Neely into a sleeper hold. Two other men assisted Penny in holding Neely down. One other man recorded the only known available video evidence there is of this interaction so far. Neely was found by NYC EMTs unconscious, but breathing at the Broadway-Lafayette station. Neely was then taken to the hospital and pronounced dead.

After being questioned by police at the precinct, Daniel Penny was charged with homicide.

He was released from the precinct a few hours later that same evening. Political activists and Neely’s family have been protesting this. Many are calling Penny a murderer and are stoking racial tensions because of the fact that Daniel Penny, a white marine, killed Jordan Neely, an insane black man. Last Friday, May 12 Penny’s charge was upgraded to a second degree manslaughter charge. This is absolutely ludicrous and asinine. We are living in the Twilight Zone.

Second degree manslaughter is defined as recklessly taking the life of someone.

It is often applied to someone who unintentionally killed someone with their car while driving under the influence of alcohol. What Daniel Penny did was not reckless; Jordan Neely was acting insane and Penny treated him as a threat. Daniel Penny intentionally and justifiably confronted Neely.

Daniel Penny’s charge should be justifiable homicide.

Obviously no one deserves to die just because they are homeless or insane. Wanton murder of anyone, no matter what, must not be tolerated. Likewise however, NYC citizens don’t deserve to be maimed or killed, which happens all too often. When exactly is it acceptable to defend yourself? Can you only defend yourself after someone has been assaulted?

Many don’t like to hear this, but Neely’s death wasn’t wanton, innocuous, or inexplicable.

No matter who you are, your behavior and actions determine how others see and treat you. If you act like a threat people will act in accordance. Many videos being shared of Jordan Neely show him doing his Michael Jackson impersonation. These videos are from ten years ago. Neely wasn’t doing a Michael Jackson dance when Penny placed him in a sleeper hold. Sometimes self-defense is justifiable when it is anticipating a threat, which is the case with Daniel Penny’s actions.

Daniel Penny’s charge is incoherent.

This charge makes no sense. It’s misrepresenting the facts to fit a theory. How could the second degree manslaughter definition, mentioned earlier, fit Daniel Penny’s actions? Danial Penny wasn’t being reckless. He intentionally confronted Neely who was a threat. Unfortunately Neely died in the process. This is the shabby hinge this “reckless” second degree manslaughter charge rests on.

The reason Penny’s charge has been upgraded is due to pressure from political groups and social media.

Self-defense cannot be criminalized because you might inadvertently kill your attacker. When someone chooses to instill fear that is their choice. Even if they are killed because the person they attacked was stronger that was still their choice. Mental illness doesn’t prevent you from being moral or non-violent. In fact, sufferers of mental illness are disgusted by those lumping them with the criminally insane.

A hand spraying pepper spray. Pepper spray might have prevented Daniel Penny's charge. — Legal to use, but illegal to vend or purchase in NY.

NYC sadly doesn’t care about your safety until it changes the law.

It is perfectly legal to use pepper spray purely for self-defense purposes in NYC. But good luck getting your hands on it. It is illegal to vend or purchase pepper spray here. There is a statewide ban on the sale of pepper spray for some insane reason. You can’t even purchase it through Amazon.

It is difficult enough to drive into New Jersey with your car to purchase some pepper spray.

Imagine how difficult it is if you don’t have a car? You could ride the train and public transit, but that will be a $50 minimum and at least a few irretrievable hours each way.

NYC residents shouldn’t have to go out of our way for a non-lethal means of self-defense.

When it comes to legalizing the sale of pepper spray there are some understandable concerns. There are some amoral people who would take advantage of it and would use pepper spray for any petty reason. However, this is a minor inconvenience that is worth it to ensure that someone has a chance at protecting their self or to avoid a calamity like Jordan Neely.

Jordan Neely’s blood is largely on NYC’s hands.

When it lets mentally insane people wander the streets and trains to terrorize citizens, is it truly a surprise when an incident like this eventually happens? Mayor Adams is due credit for legalizing forced institutionalization around the end of 2022. However, there are still thousands of people who are actively avoiding the radar of the system. Many of them will never be violent, but many will. Until they are placed into mental rehabilitation all NYC citizens are in potential danger.

Daniel Penny’s charge is a farce and a joke making NYC a laughingstock. One thing that is clear is that NYC won’t protect you and won’t even let you protect yourself.

Stay safe if you can.