It seems the saga surrounding Daniel Penny is far from over, and now, the tables may be turning on Manhattan District Attorney Alvin Bragg. After Penny’s acquittal on charges of criminally negligent homicide, his legal team is considering a malicious prosecution lawsuit against Bragg, alleging that the case was more about political theater than justice. And honestly, who’s surprised? Bragg’s track record has more political undertones than a campaign rally.
Let’s rewind. Penny, a 26-year-old Marine veteran, found himself in the national spotlight in 2023 after a tragic subway altercation resulted in the death of Jordan Neely, a homeless man with a history of mental illness and erratic behavior. Witnesses testified that Neely was shouting and behaving aggressively on the train, frightening passengers. Penny stepped in, attempting to subdue Neely in what turned into a fatal chokehold. While tragic, Penny’s defense argued he acted to protect others—a claim supported by witness testimony and evidence of drugs in Neely’s system at the time of his death.
Despite the facts, Bragg’s office pressed ahead, charging Penny in what many saw as a politically motivated move. Let’s not forget: this is the same Alvin Bragg who’s gained notoriety for his selective approach to law enforcement, often emphasizing so-called “restorative justice” over actual consequences for violent offenders. Yet, in this case, Bragg seemed eager to make an example of Penny, even as New Yorkers watched violent crime run rampant in their streets.
Penny’s attorney, Steven Raiser, didn’t hold back in his post-verdict comments. On Fox & Friends, Raiser criticized Bragg’s office for bending to political pressures, suggesting that the prosecution was more about appeasing activists than seeking justice. “It was like they wanted to try and get him on something,” Raiser said. He also pointed to alleged collusion between Bragg’s office and New York’s medical examiner, highlighting rushed determinations aimed at justifying Penny’s arrest. If true, it’s a damning indictment of how this case was handled.
“It was clear that there was a fear that if an arrest wasn’t made – and made very quickly – that there might be rioting in the streets, and that that may ultimately look very bad for District Attorney Alvin Bragg. And if that in fact happened, that could affect his re-election.” Raiser explained, “There were some highlights that were put out there, quite extensively, in regards to this office’s practice of not prosecuting crime, and some very serious cases to talking about restorative justice and such, which, by the way, in some circumstances, that’s a great thing.”
“But some brutal cases of an individual who attacked an 80-year-old man, mugging him and punching him and ultimately killing him, and yet you’re going to go after full-throated against my client, who you admit did a laudable thing and is a fine young man? Despicable.”
Let’s be real: the optics here are hard to ignore. As Raiser suggested, the rush to charge Penny appeared to be driven by fear of riots or public backlash—a disturbing reason to weaponize the legal system against someone acting in defense of others. Meanwhile, violent criminals in New York City seem to enjoy a revolving door of leniency under Bragg’s leadership. Raiser even cited an egregious example: a brutal mugging that left an elderly man dead, where the assailant was treated with kid gloves compared to Penny.
And that’s the crux of the issue. Penny’s actions, while resulting in a tragic death, were lauded by many as a courageous effort to protect fellow passengers in a moment of crisis. Yet Bragg went after him with more zeal than he shows for actual career criminals. If this isn’t a glaring example of misplaced priorities, what is?
It’s time for some facts @NAACP:
Fact #1: A Black man HELPED Daniel Penny to subdue Jordan Neely.
Fact #2: Daniel Penny was protecting a Black woman whose witness statement was extremely favorable to Daniel.
Fact #3: Daniel Penny is a hero and so is the Black man who helped. https://t.co/5MBc1MK82r pic.twitter.com/JKr4XLlrNZ
— Robby Starbuck (@robbystarbuck) December 9, 2024
With his criminal trial behind him, Penny still faces a civil lawsuit from Neely’s father, but the prospect of a malicious prosecution suit against Bragg raises the stakes. It’s high time someone held this district attorney accountable for what looks like an egregious misuse of his office. Penny’s case highlights a disturbing trend in American justice: a willingness to sacrifice individuals like him on the altar of political expediency.
If Raiser proceeds with the lawsuit, it won’t just be about clearing Penny’s name—it’ll be a referendum on the kind of justice system we want. One that protects the innocent and punishes the guilty? Or one that plays to the crowd, weaponizing its power for political gain? The choice is obvious, but unfortunately, under Bragg’s leadership, it’s also increasingly rare.
