Marine veteran Daniel Penny has been found not guilty on the charge of criminally negligent homicide in the death of Jordan Neely.
Reflecting on the announcement, Fox News legal analyst Jonathan Turley quipped, “The most surprised person in that room may be Alvin Bragg.”
“You had a jury that couldn’t agree on the more serious offense, but then they came back and found him not guilty on the lesser offense.”
“It wasn’t how this was supposed to play out in his view,” Turley concluded.
🚨 TURLEY: "The most surprised person in that room may be Alvin Bragg."
— Eric Daugherty (@EricLDaugh) December 9, 2024
Bragg's shenanigans FAILED! 🔥
"You had a jury that couldn't agree on the more serious offense, but then they came back and found him not guilty on the lesser offense."
"It wasn't how this was supposed to… pic.twitter.com/7jyX1cSBJJ
Fox News has additional details:
Judge Maxwell Wiley on Friday agreed to the prosecution’s request to dismiss the most serious charge, second degree manslaughter, after jurors twice told the court they had deadlocked on the issue.
They had previously been instructed to deliberate the lesser charge of criminally negligent homicide only if they found Penny not guilty of manslaughter for some reason other than a lack of justification.
“Manslaughter in the second degree is dismissed,” Wiley told the jurors before sending them home Friday. “What that means is you are now free to consider count two. Whether that makes any difference, I have no idea.”
They returned Monday to consider only the lesser charge, and Wiley issued a clarification to start the day.
The judge explained that by instructing the jury to consider the lesser charge, the court was not advocating for a verdict in either direction.
“No juror should surrender his or her honest view of the verdict just because you want to make an end to deliberations,” he noted.
The case centered on an incident aboard a New York City subway train last year. Penny subdued Neely, a homeless man with a long history of arrests, after Neely reportedly threatened passengers’ lives. Penny’s actions have drawn praise as well as criticism, almost exclusively from the far-left.
While many passengers on the train commended Penny’s intervention, prominent voices on the left and activist groups have condemned his actions. Initially, New York City Mayor Eric Adams spoke positively about Penny’s response, though his stance shifted amid growing public outcry.
The case has also attracted high-profile commentary. John Walsh, creator of America’s Most Wanted, called the charges against Penny a “travesty.” Speaking on Fox News, Walsh described Penny as a “hero” who acted courageously in a dangerous situation.
🚨JOHN WALSH: "The Daniel Penny trial is the biggest travesty in the history of this country. That guy is a hero. There were 8 murders on the subway this year, up 60% and here we have a marine risking their life to jump on a mentally ill person who was arrested 27 times.
— Autism Capital 🧩 (@AutismCapital) December 5, 2024
The… pic.twitter.com/cETYql1FRk
“There were eight murders on the subway this year, up 60%, and here we have a Marine risking their life to jump on a mentally ill person who was arrested 27 times,” Walsh said. He criticized systemic failures, adding, “We’re the richest, most powerful country on the planet. We couldn’t get this guy help. And then they try to turn it into a race thing.”
“My son lives in Brooklyn, and he says, ‘Dad, those of us that can afford Uber do it, but the people on the subway are people who can’t,’” he added. “The dishwashers and the people coming into the city … it’s a horrible thing what the city of New York is doing to this guy.”
This is a breaking news story. Please check back for updates.
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Finally! Justice for Daniel Penny…and absolute Hero to all those on that train. These charges should NEVER have been brought forward! Alvin Bragg just proved that many other Hero’s will refuse to step forward seeing what happened to Daniel Penny. Alvin Bragg needs to be held accountable. He only has himself to blame. New Yorkers need to vote him out of office!!!
Alvin Bragg is a legal bully that is trying to climb the ladder but he doesn’t have the smarts to do it. He also looks for sensational cases to make a big deal out of when its not and plain as day. In actuality the Legal Review of NY should be looking very carefully at him and his choice of cases, bending rules as well as common since while he’s showboating.
Perhaps people should start actin sain and not threaten anyone or others with violence and/or weapons. There might just be someone there who can neutralize the threat. If youj are high on drugs is no excuse, if you are mentally unstable that is not an excuse, if you are poor and destitute, that is not an excuse, if you are White, Black, Brown, Yellow, Red, or any other color that is not an excuse to threaten or intimidate anyone else. The Jury did their duty correctly and rendered a correct verdict.
GOOD. I’m just sorry that somebody couldn’t slap Alvin Bragg a little harder.
Victory