Daniel Penny's Defense Rests with Huge Courtroom Point About 'Victim': Here's What Cops Would Have Seen Running Neely's Info

The defense concluded its case Friday in the trial of a Marine veteran accused in the death of a mentally ill homeless man, with the defendant opting not to testify but his attorneys emphasizing a critical argument.

Daniel Penny, who intervened in May 2023 when Jordan Neely allegedly began threatening passengers on a New York City subway, chose not to take the stand in his own defense, according to the New York Post.

However, the jury did hear testimony from a defense witness who argued that Neely should not have been on that subway car at all.

New York court clerk Brian Kempf testified that there was an active warrant for Neely’s arrest tied to a 2021 assault conviction. According to the Post, Neely had agreed to participate in intensive outpatient therapy as part of a plea deal to avoid jail time, but he abandoned the program. In February 2023, a judge issued a warrant for his arrest, Fox News reported.

This was just two months before the deadly encounter on the Manhattan F train.

Penny’s defense highlighted that any law enforcement officer encountering Neely during one of his frequent criminal incidents—he had been arrested 42 times between 2013 and 2021, according to Newsweek—could have detained him based on the outstanding warrant.

The defense team sought to show that Neely posed a clear and present danger to public safety and suggested Penny acted to prevent further harm when he placed Neely in a chokehold during the incident.

Friday’s developments sparked significant discussion on social media, with many drawing attention to broader issues in Manhattan’s legal system.

Critics pointed to Manhattan District Attorney Alvin Bragg’s priorities, claiming his focus on prosecuting former President (and now President-elect) Donald Trump has overshadowed efforts to address street crime.

The argument from Penny’s supporters is straightforward: if Jordan Neely had not been free to intimidate passengers on May 1, 2023, Daniel Penny would not have had to intervene.

In that case, Penny would not be on trial today—and Neely might still be alive.