Today, a New York City jury found Marine veteran Daniel Penny not guilty of criminally negligent homicide.

 Today, a New York City jury found Marine veteran Daniel Penny not guilty of criminally negligent homicide. 

While this is the correct and just outcome, the damage from this political show trial has already been done—both to Penny and to the principles of justice and public safety that this case has undermined.

Penny’s heroic actions in May 2023 should have been celebrated. When a violent, belligerent Jordan Neely began terrorizing innocent subway passengers—threatening to kill them and declaring he was “willing to die”—Penny acted to protect the lives of others. Witnesses described him as a “hero” who saved lives that day. But instead of gratitude, Penny was met with vilification and prosecution.

This trial was never about justice. It was a spectacle designed to send a chilling message to all Americans: If you protect the innocent, the full weight of the legal system will come crashing down on you. By targeting Penny, Manhattan District Attorney Alvin Bragg and his office weaponized the justice system to discourage courage and embolden criminals.

The prosecution’s conduct in this case was a travesty. After failing to secure a unanimous jury decision on the more serious manslaughter charge, prosecutors used dubious legal tactics to keep the trial alive on a lesser charge—deliberately dragging out Penny’s nightmare. Even the eventual acquittal cannot undo the harm caused by this prolonged and unjust persecution.

The cost of this trial goes far beyond Penny himself. The message it sends will resonate across the country: Good Samaritans will think twice before stepping in to stop a violent threat. The Ferguson effect—where fear of prosecution leads to inaction, emboldening criminals and putting lives at risk—is now being applied to ordinary citizens who dare to do the right thing.

And let’s not forget the double standard at play. In cities like New York, it’s not uncommon for families of violent criminals to walk away with multi-million-dollar taxpayer-funded settlements. But what does Daniel Penny get for saving lives and enduring more than a year of character assassination, legal harassment, and trauma? Nothing but his freedom—and even that was only narrowly preserved.

New York City owes Penny far more than an acquittal. A public apology, restitution for his legal costs, and significant damages would be a good start. And those who orchestrated this sham prosecution must be held accountable. If there’s justice left in America, this case should spur reform to prevent future abuses of power by politically motivated prosecutors.

The Federalist is committed to exposing cases like this and holding those in power accountable through our truth-seeking journalism. This isn’t just about Daniel Penny—it’s about standing up for the values that make America great. It’s about ensuring that courage, selflessness, and justice are honored, not punished. Click here to support our work today.