The trial of Daniel Penny has become a lightning rod for political theater, radical leftist activism, and a gross misuse of our justice system. It’s the classic tale of a woke district attorney playing to the mob instead of upholding the rule of law. Alvin Bragg, New York City’s infamous soft-on-crime DA, has once again prioritized political optics over justice.
Daniel Penny, a 26-year-old former U.S. Marine, is being railroaded for taking action in a moment of crisis. His “crime”? Protecting innocent subway passengers from an unhinged, violent threat. The facts are clear, the video is irrefutable, and yet the radical left demands his head on a silver platter.
Here’s the cold truth: Even if Penny is convicted on the lesser charge of criminally negligent homicide, it will never survive on appeal. The judge’s mishandling of the case is so egregious that any competent appeals court will throw it out. Meanwhile, taxpayers are footing the bill for this entire debacle while Alvin Bragg gets his daily dose of applause from Black Lives Matter protestors outside the courthouse.
A Flawed Trial from the Start
This trial was set up to fail from day one. Judge Maxwell Wiley allowed the jury to consider criminally negligent homicide only after dismissing the second-degree manslaughter charge. This move defied his own prior instructions that the jury could only consider the lesser charge if they first found Penny not guilty of manslaughter. Gregg Jarrett, Fox News legal analyst, described it best: This is a “reversible error” that almost guarantees the case will be overturned on appeal.
This isn’t a matter of opinion—it’s legal fact. You can’t change the rules of the game halfway through and expect the outcome to stand. Jarrett pointed out that this kind of judicial switch-up “violates Penny’s due process rights.” By allowing the jury to consider a charge they weren’t initially allowed to review, the judge essentially trapped the jury into forcing a conviction.
Instead of declaring a mistrial, which would have been the legally correct move, Judge Wiley caved. Why? Because Manhattan DA Alvin Bragg doesn’t care about justice. He cares about virtue-signaling to the leftist mob screaming outside the courthouse.
A Marine’s Heroism Turned into a Crime
Penny did what any decent person would do. When Jordan Neely stormed onto the subway shouting that someone was going to die that day, Penny acted. Passengers on the train were terrified, and Penny stepped up. Witnesses say Neely’s behavior was erratic and dangerous. He hurled threats and made it clear he wasn’t afraid to hurt someone.
That’s when Penny, with the help of two other passengers, restrained Neely. Penny held him in a chokehold—a method of restraint he was trained to use during his military service. Did Penny act recklessly? Absolutely not. He acted decisively to protect his fellow passengers from an obvious threat.
But here’s what the left doesn’t want you to know: multiple witnesses testified that they felt safer when Penny stepped in. One witness, Caedryn Schrunk, even said that if Neely had gotten up, “he would have done what he would have done.” The message is clear—Penny’s actions were necessary to keep people safe.
The Race Card is Always in Play
Predictably, radical activists and BLM leaders seized on the racial aspect of the case. Jordan Neely, a Black man with a history of erratic behavior and 42 prior arrests, was held up as a martyr. Meanwhile, Daniel Penny, a white former Marine, was painted as a villain.
Black Lives Matter New York co-founder Hawk Newsome declared, “Racism is still alive and kicking in America…those among you who say that Daniel Penny is innocent, have racism and bias in your heart.” Chivona Renée Newsome, another BLM leader, echoed that sentiment, claiming, “They will not find a white man guilty of killing a Black man in modern-day America.” Let’s ask Derek Chauvin, the white police officer who was convicted on multiple charges, including murder, for the death of George Floyd if that’s true.
This is a deliberate attempt to racialize the trial and paint Penny as a villain simply because of his race. The media and activists are pushing this false narrative because they need another “victim” to fuel their cause. The truth is, Penny didn’t attack Neely because of his race—he acted to protect innocent people from a violent threat.
A Radical DA on a Power Trip
The biggest villain in this entire circus isn’t Daniel Penny—it’s Alvin Bragg. This is the same DA who lets repeat violent offenders walk free while targeting law-abiding citizens like Penny. Bragg has earned a reputation for downgrading charges against actual criminals, but when it comes to Daniel Penny, he’s out for blood.
Why? Because Penny doesn’t fit the left’s narrative. Penny represents the “wrong” kind of hero—a Marine, a white man, and a defender of innocent people. So Bragg is using Penny as a political pawn to satisfy the BLM mob. This case isn’t about justice. It’s about optics.
Alvin Bragg knows the evidence isn’t on his side. Witnesses supported Penny’s actions. The video shows a Marine restraining a man making violent threats—not a vigilante looking to kill. Bragg is going forward anyway because he knows the mob will praise him for “taking down the bad guy.”
Why This Conviction Won’t Stand on Appeal
Even if the jury convicts Penny on the lesser charge of criminally negligent homicide, it will not survive an appeal. The reason is simple: Judge Wiley’s judicial error. Legal analyst Gregg Jarrett says it plainly—changing jury instructions after deliberations have begun is a textbook violation of due process.
When jurors asked the judge for clarification, Wiley suddenly reversed course and let them consider criminally negligent homicide. But that wasn’t the plan from the start. The instructions were clear—only if Penny was found not guilty of manslaughter could they consider the lesser charge.
The defense team has every reason to be “cautiously optimistic” about Penny’s chances on appeal. With Judge Wiley’s misstep, this case is practically begging to be overturned. Appellate courts take due process violations very seriously, and this one is as blatant as it gets.
If Penny is convicted, an appeals court will likely throw the case out, forcing another trial or even a full dismissal. The only people who don’t seem to understand this are Alvin Bragg, the BLM activists, and the radical left who need Penny’s conviction to feel “validated” in their social justice crusade.
Final Thoughts
Daniel Penny is being targeted not for his actions, but for his identity. The radical left despises men like Penny—strong, selfless, and willing to defend innocent people. They want to make an example of him to send a message: don’t stand up, don’t fight back, and never, ever protect yourself.
But this trial is a sham. Judge Wiley’s mistakes alone guarantee that any conviction will be tossed on appeal. Alvin Bragg’s politically motivated charges are an insult to justice, and his obvious bias against Penny is on full display.
This is a waste of taxpayer money. It’s a racial attack from a radical DA and another sad chapter in the left’s never-ending quest to criminalize self-defense. Daniel Penny is a hero—not a criminal.
WE’D LOVE TO HEAR YOUR THOUGHTS! PLEASE COMMENT BELOW.
JIMMY
Find more articles like this at steadfastandloyal.com.
Get rid of Bragg and his woke agenda. HE should be prosecuted for wasting tax payer money on trumped up charges. Daniel Penny is a hero
AMEN!
Perhaps judges should know the law before practicing it, but again they are only practicing it.
That judge needs to be removed from the bench then disbarred.
This has been going on for decades. Hopefully with President Trump return the treasonous democrats will be exposed for the BS they are and have been lying about.🙏🇺🇸
I say “deport alvin bragg”… at least to california but preferably to haiti. I live in (far western) NY state and still cannot fathom how im be ciles like blimpo bragg and leftist letitia get elected again and again. All they have ever done is waste NY tax dollars.
Makes one wonder, what is taught in law schools these days???????
Disbar him so he can never do this again in the future!
Full pardon from Trump would help if he is convicted of anything
How much did it cost Penny to prove himself innocent from a charge that never been brought. It’s not cheap. New York should be charged for the ridiculous prosecution.
That Bragg is a real POS. He couldn’t get Trump after wasting Millions of tax payer $$$, so he goes after a White Marine just trying to save passengers on a subway car from danger from a threatening lunatic who had been arrested 42 times before and shouldn’t even have been out in public. A person with that many arrests should either be in prison or in a mental health hospital or institution, not loose on the street. Alvin Bragg should be in prison also for stealing millions of dollars from taxpayers on frivolous law suits.
Release Penny,he did the right thing and probably saved someone’s life! This BS WILL make other heroes think twice about helping others from crimes ! He’s a hero and I’m sure a very good person !! DROP THE CHARGES !! Bragg doesn’t want to lose whether right or wrong ! Get rid off BRAGG !🤬🤬🤬
Just another example of Satan ( AKA Bragg ) rewarding evil and punishing good.
This articl is a day or two behind. Penny was found innocent (of the remaining charges) by the jury. What I would like to read is what the jury members had to say about Bragg once they are dismissed.