Jury deliberations are underway in the case of Daniel Penny, a former U.S. Marine charged with second-degree manslaughter and criminally negligent homicide stemming from an incident involving the death of Jordan Neely on a New York City subway. The anonymous Manhattan jury is weighing Penny’s fate, as it determines whether the 26 year-old acted legally as he restrained Neely, a 30-year-old street artist known for his Michael Jackson impersonations.

The case is at the intersection of how New York and the nation in general handles people suffering from mental illness, race, and the legal right to self-defense.

The incident started a little after 2:00 PM on Monday, May 1, 2023. Jordan Neely, a homeless black man who suffered from schizophrenia, was on the F train looking for food. According to witnesses, he began screaming and said he was “ready to die” and that he would “kill a motherfucker.” The verbal threats put his fellow riders on notice, causing extreme anxiety as they awaited Neely’s next move.

Daniel Penny acted to stop the threat. He grabbed Neely from behind and took him to the ground, where he restrained him using an apparent “chokehold” for nearly six minutes. When the train arrived at the next station where police could take Neely into custody, he was rushed to the hospital where he was pronounced dead.

Frightened passengers told officers Neely had been “scared the living daylights out of everybody” and were afraid he was going to “pull a gun.” Neely clearly conveyed his threat to kill others, and the passengers had every reason to believe that he could fulfill his state intentions. The New York Post reported that Alethea Gittings, one of the passengers, told jurors during the trial that she was “scared s–tless” by Neely’s ranting.

Penny, for his part, acted where others either could not or would not. For protecting himself and his fellow passengers, Manhattan District Attorney Alvin L. Bragg, Jr. decided to charge Penny with manslaughter and criminally negligent homicide. If convicted, Penny could face up to 15 years in prison. Readers will note that Bragg’s office also prosecuted Donald J. Trump for falsifying documents to conceal hush money payments as legal expenses.

Self-Defense or Excessive Force?

Prosecutors argue that Penny’s actions were reckless and directly led to Neely’s death. They contend that Penny’s use of force was unwarranted and disproportionate to the perceived threat Neely posed. In contrast, Penny’s defense team maintains that he acted to protect other passengers from a potentially volatile situation. They argue that Penny’s training and instinct as a former Marine prompted his intervention, believing it necessary to prevent harm to himself and others aboard the subway.

In the politically charged environment of New York City, the Subway Trial has become another symbol of the nation’s racial divide. Penny is white, Neely was black. Black Lives Matter protesters have added Neely’s name to its roll call of victims, while others have credited Penny’s actions to protect others.

But the case isn’t as black and white as some may want to portray it. New York City Mayor Eric Adams, a Democrat and a black man, weighed in when he commented on the case, “You have someone on that subway who was responding, doing what we should have done as a city in a state of having a mental health facility.”

Mayor Adams also said, “That could have easily been a case where you saw three innocent people murdered on our street two weeks ago,” referring to a deadly stabbing spree in Manhattan on November 18. “We have to recognize we have a mental health crisis, and we’re not doing enough to solve it.”

Ideology-Driven Prosecution: What You Don’t Know Can Incarcerate You

The Subway Trial should put everyone on notice. Even if you did the right thing by protecting others and witnesses testify that your actions were justified, an ideological prosecutor looking to make a name for political advancement can bring criminal charges against you.

Without an effective legal defense, doing the right thing can land you in jail.

Even if Penny is acquitted, his remaining family could bring a civil suit against Penny, which could deprive him of his assets and future wealth creation. Civil suits have a much lower burden of proof and can wipe out your family’s financial security. Perhaps the most famous example is that of O.J. Simpson. Simpson was acquitted of criminal murder charges, but was found responsible for wrongful death in a subsequent civil trial. A $33 million civil wrongful death judgment was obtained in 1997 against Simpson.

You don’t have to be a multi-millionaire to be a target of a civil suit. If you own a home, property, have investments or other assets an unscrupulous lawyer can overwhelm you with expensive legal proceedings until you settle, potentially costing your family their financial security.

Second Call Defense Has Your Back

Immediate up-front self-defense legal protection from Second Call Defense is your protection against reckless prosecution and spurious civil suits. The use of any form of self-defense can get you arrested, prosecuted, and convicted without proper representation.  We cover all incidents of self-defense, whether you use your hands, feet, a knife, rock or a firearm.

With Second Call Defense you have an UNLIMITED legal defense budget for both criminal and civil suits.

Ask yourself these questions, and if the answer is “no” to any of them, chances are you need Self-Defense Liability Legal Protection:

• Do you have an attorney on retainer skilled in defending against criminal charges?
• Do you have an unlimited budget to pay out-of-pocket for your legal defense bills?
• Do you have at least $100,000 in cash to pay a bail bondsman that you can afford not to get back?
• Do you have ready access to professional psychological counseling for post-incident treatment?
• Do you have legal protection against civil damages that could force you to sell your home, cars, guns, and other assets to pay a judgment?

READ MORE: When It’s Too Late to Buy Self-Defense Liability Protection

Join Second Call Defense Today

Second Call Defense has a 100% success rate defending our Members. We ensure that you’re never alone in the aftermath of a self-defense incident and we will never ask you to pay us back for your legal defense. Click here to become a Member of Second Call Defense.

*Second Call Defense is not insurance and does not sell or promote insurance products.  Second Call Defense is a membership organization that provides its members access to the “Second Amendment Support Foundation, Inc.,” which provides the means necessary to protect Second Call Defense members from the legal aftermath of exercising their right to self-defense. For an overview of the differences between Second Call Defense Member Benefits and traditional insurance, click here.