A New York City judge has denied the request of Marine veteran Daniel Penney to drop charges against him. Penney is facing up to 19 years in prison for the death of Jordan Neely, a mentally ill homeless man, who died on a city subway last May. Penney's lawyers argue that he acted in self-defense as Neely was behaving erratically and making threats before Penney restrained him.
The incident gained national attention when it first occurred. Penney, who reached out to his lawyer while on trial for an unrelated matter, found himself at the center of a high-profile case. He believed Neely posed a threat to himself and others on the subway train and decided to intervene.
Video footage of the incident has since come to light, shedding light on what transpired. Approximately 600 pages of grand jury minutes were also served to Penney's defense team, providing additional details from witnesses present on the subway car. These witnesses described Neely's conduct as satanic, traumatizing, and terrifying, with some fearing for their lives.
Penney, a Marine, believed he was acting in self-defense by restraining Neely. However, a judge in New York recently ruled that the case will proceed to trial, declining to accept the self-defense argument at this stage.
The ruling did not come as a surprise to Penney's legal team, who attribute it to the low standard of proof required in New York grand juries. The grand jury standard for indictment is reasonable cause, which is less than what a police officer needs to issue a summons or make an arrest for a petty offense. The decision to proceed to trial simply aligns with this low standard.
The trial is expected to take place in the early fall, as there are concerns about assembling a jury during the summer months. The jury selection process will be crucial, as there are varying opinions within the public regarding Penney's actions. Some individuals believe Penney committed murder, while others view him as a savior who intervened in a dangerous situation.
Despite the differing perspectives, Penney has received overwhelming support from many who empathize with the challenges of navigating New York City streets and subways. Within 24 hours of the judge's decision, approximately $100,000 in online donations flooded in to support Penney's legal defense fund.
As the trial approaches, the case continues to generate public interest and raises important questions around self-defense and public safety.
