The acquittal of Marine veteran Daniel Penny for the death of Jordan Neely on a Manhattan subway has ignited a fierce national debate, with some arguing it underscores systemic racial injustice in America. Penny, who was found not guilty of criminally negligent homicide, had restrained Neely in a chokehold after Neely threatened passengers in May 2023.
Neely, a 30-year-old homeless man with a history of mental illness and drug use, had entered the subway car shouting threats. Witnesses reported feeling threatened, and Penny, with assistance from two other passengers — one of whom was Black — subdued Neely. Despite accusations of racial motivation, context notes and witness testimonies support Penny’s actions as a response to a clear threat.
A Black woman who testified at the trial stated she heard Neely say, “I will kill a motherf–ker. I’m ready to die.” Fearful for her safety, she expressed gratitude toward Penny. Penny himself rejected claims of racism, saying, “The majority of the people on that train that I was protecting were minorities, so it definitely hurts a lot to be called that.”
Nevertheless, prominent lawmakers and activists have framed the case as emblematic of racial injustice. The NAACP posted on X that the acquittal “has effectively given license for vigilante justice to be waged on the Black community without consequence.” Representative Jasmine Crockett (D-TX) called Penny’s acquittal “a green light for more violence against unarmed Black Americans.” Representative Summer Lee (D-PA) similarly described the verdict as a painful reminder of “vigilante violence against Black people often [going] unchecked.”
Outgoing Representative Jamaal Bowman (D-NY) addressed “White people” in a post expressing frustration and alleging that “whenever you feel discomfort from your whiteness, Black people are harmed or killed.” He called for an end to “white supremacy,” arguing that there is rarely accountability for violence against Black Americans.
Other voices have challenged this narrative. On a CNN panel, commentator Scott Jennings referenced the Jordan Williams case. In a parallel situation, Williams, a Black man, fatally stabbed a homeless man on a New York subway who was threatening passengers. Williams’ case was dismissed on self-defense grounds, illustrating that race was not a determining factor in Penny’s acquittal.
Penny’s defense has focused on public safety and the immediate threat Neely posed. Neely, who had over 40 prior arrests, was on a list of New York City’s “Top 50” homeless individuals in urgent need of intervention. Just months before his death, he had an arrest warrant for violating court-ordered treatment stemming from an assault on a 67-year-old woman.
The debate surrounding Penny’s acquittal highlights broader societal divisions over race, crime, mental health, and public safety. While some view the case as a racial injustice, others see it as a justified act of self-defense. The controversy underscores the complexity of addressing public safety concerns in the context of mental health crises and a polarized society.
