Daniel Penny’s attorney remarked that society hoped for a shift following his acquittal in the subway death of Jordan Neely.
Thomas Kenif, who represented Marine Corps veterans in a high-profile case brought by Manhattan’s District Attorney Alvin Bragg, criticized the progressive policies he believes contributed to the murder of Ukrainian refugee Irina Zaltska by suspected killer Decarlos Brown Jr.
“Honestly, we were just weary of advocating for Danny’s innocence, so this situation is disheartening,” Kenif wrote on Wednesday.
“But we expected society to have made some progress, and we hoped things would change.”
“Now, nearly a year later, those same policies that allowed individuals like Jordan Neely to go unchecked for over a decade are still in place, affecting others like Charlotte, who unfortunately were victims of preventable crimes.”
Brown, described as homeless and suffering from schizophrenia, reportedly attacked Zaltska, believing he could read her mind, according to his family.
Neely also had a history of living on the streets when he boarded a train in May 2023, facing his own mental health challenges.
Penny was charged with manslaughter and negligent homicide but was acquitted of both charges after the judge’s ruling.
Kenif, from the law firm Lazer, Kenif, and Ronstein, suggested that questions about Penny’s actions remained, specifically regarding whether he should have done something differently or delayed his reaction.
“The truth is, these situations unfold in an instant. You either act or you don’t,” he said. “Most passengers were scared to see Neely carrying a knife and a gun.”
Footage from the Charlotte Rail apparently showed passengers stunned and slow to react to the alarming situation before discovering Zaltska was critically injured.
“Good Samaritans like Daniel Penny might discourage onlookers from intervening, as they fear potential legal repercussions,” Kenif noted.
Brown, 24, is facing both state and federal charges related to the murder, while Kenif argued that criminals shouldn’t be allowed to move freely.
An affidavit indicated that Brown himself had called 911 to request a welfare check and expressed frustration when officers told him they couldn’t assist him.
During a hearing on January 21, Magistrate Judge Teresa Stokes discussed Brown’s case but allowed him to be released on cashless bail with a promise to appear in court later.
Kenif highlighted the contrast between Brown, with a criminal history of 14 arrests, and his own client, who had served in the military, had no prior record, and was a full-time college student required to post a six-figure bond.
Penny avoided a criminal conviction but still faces a civil lawsuit regarding Neely’s death, as confirmed by Kenif.
