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On Monday morning, the trial of Daniel Penny finally ended in two beautiful words: “Not guilty.”
After five weeks of testimony, nearly a week of deliberations and two jury deadlocks that led the judge to drop the manslaughter charge against the 26-year-old last Friday, it was a moment to exhale.
And a moment, for the Penny team to savor. The good guy was vindicated.
When the jury foreman read the verdict, a cheer broke out in the Manhattan courtroom.
Judge Wiley Maxwell tried to bring everyone to order, but there was just too much emotion to contain in that powder keg.
Andre Zachary — the father of Jordan Neely, who died on May 1, 2023, after being restrained in a chokehold by Penny — shouted something inaudible and was promptly escorted out. (Last week, Zachary filed a civil lawsuit against Penny, accusing him of negligence, assault and battery.)
Then, menacing BLM leader Hawk Newsome bellowed, “Small world, buddy,” which was clearly a threat to Penny. His sister Chivona Newsome screamed that America is a “f–king racist country,” while an older woman began wailing.
But New York City’s justice system — which, under Manhattan DA Alvin Bragg, has increasingly been perverted by soft-on-crime policies — worked when it was pushed beyond the bounds of the law. And what a relief.
So much was riding on this verdict. It wasn’t only the freedom and good name of an innocent and decent man, who served his country in the United States Marines.
This case had the potential to completely destroy the delicate and implicit understanding that we, as New Yorkers who live and travel in sometimes-unnatural intimacy, are here for each other. Strangers though we may be, we rely on one another to survive this urban jungle.
When a threat is present or a fellow citizen is in distress, we need someone to selflessly step up and intervene. To be a pair of safe hands until officials arrive.
And it shouldn’t be criminalized. Rather, it should be encouraged.
Throughout the dramatic trial, I listened to seasoned subway riders testify about their abject terror that day on the uptown F train, when Neely entered the car threatening to kill.
I watched Alethea Gittings, who said she was scared “sh-tless” and told the jury that she thanked Penny for his actions, and 19-year-old Ivette Rosario, who thought she was going to pass out from fear. The witnesses all told a similar tale: They had never experienced the likes of Neely’s unhinged rage on the subway.
And I thought of the famous Mr. Rogers line, meant to comfort children during a crisis but relevant at any age: “Look for the helpers. You will always find people who are helping.”
Unfortunately, as our norms and standards fray and people disappear into their iPhones — or worse, sit by and film instead of intervening — helpers are an endangered species these days. At least civilians helpers are.
Had Penny been found guilty, they would have become extinct. And the message would be clear: Be a passive observer. Flee. Walk away. To our detriment.
It’s a frightening prospect.
Though we might sometimes be too jaded to acknowledge it, the Big Apple is a place where relying on the kindness of strangers is a way of life.
This verdict was a vote for decency. And a nudge for all New Yorkers to aid, to assist and to help. To not simply walk away.
After the victory, Penny, who was facing up to four years in prison, decamped to Stone Street tavern with his legal team to celebrate. I briefly congratulated “Danny,” and he flashed a giant, warm smile — belying the stoicism we’ve seen for the past 19 months. It softened his entire face.
In that moment, I saw the real “Danny,” a chill surfer dude who adores his baby niece, visits his grandparents and always shows up for his three sisters and mother. A man who was described in court by his childhood friend as “extra kind.”
I saw for myself, his warmth and empathy that clearly motivated him to risk his safety for strangers. He’s a credit to our city.