A verdict in one of the most divisive criminal trials in recent years is imminent.
A New York jury is deliberating after closing arguments concluded Tuesday in the case of Daniel Penny, a former Marine on trial for second-degree manslaughter and criminally negligent homicide.
Penny, who is white, killed Jordan Neely, a homeless black man with mental health issues, on the New York City subway in May 2023.
Witnesses said Neely was confused and screaming incoherently. How much of an actual threat he posed to subway passengers is hotly debated.
The agreement is that Penny restrained Neely and physically restrained him for approximately six minutes, which resulted in Neely's death.
The New York City medical examiner said Neely died from neck compression caused by Penny's actions.
A pathologist testifying for the defense argued that he could have died from other problems, such as drug use or a blood disorder.
The medical examiners all refuted this idea, saying it was “so improbable as to be impossible.''
But Penny and Neely's fate, like so much else in American life, becomes embroiled in polarizing political debates.
Conservatives have made Penny a hero who has been unfairly scapegoated by progressives.
In this story, the former Marine intervenes at his own risk to reduce the danger Neely poses to the other passengers.
Adding to the anger among conservatives is the indictment from the office of Manhattan District Attorney Alvin Bragg (D). Mr. Bragg has been a target of right-wing ire ever since he spearheaded the successful prosecution of President-elect Trump on hush money charges.
But to many progressives, Penny deserves to be convicted.
The left's argument is that Penny exaggerated the threat posed by Neely and failed to respect the humanity of those who died at his hands.
They note that at least one bystander on the train tried to get Penny to release Neely, but without success. They also point out that Penny apparently continued to restrain Neely even after his body went limp.
Since the incident occurred, prominent politicians from both parties have spoken out.
Less than two weeks after the incident, Florida Governor Ron DeSantis (R) posted on social media that the fight to protect Penny was part of a larger effort to “stop the left's pro-crime agenda.” . He also called on his supporters to “show us what these Marines look like.” [that] America had my back. ”
Around the same time, former Rep. Matt Gaetz (R-Fla.) also coined Penny as a “subway Superman.”
More broadly, Christian crowdfunding sites have raised more than $3 million for Penny's legal defense, and conservative media figures have argued that his actions were justified.
Progressives took a completely different view.
Two days after Neely's death, New York Rep. Alexandria Ocasio-Cortez wrote on social media that Neely was “murdered.”
A New York state congressman wrote before the charges against Penny were filed that the deceased man “many in power demonize the poor, raise rents and cut services in order to militarize the city.” In this era of deprivation, they lost their homes and were crying for food.” The murderer is protected by negative headlines and goes unprosecuted. ”
Ocasio-Cortez called this scenario “disgusting.”
Democrats on the party's left, such as New York City Commissioner Jumaane Williams, say the push for Penny's acquittal is closely tied to racist views of black people who are too quick to pose a threat. he claimed.
Other progressive voices across the political spectrum support that view.
“I think, as always, there's a rift between those who fear black people and those who don't,” said Ron Kuby, a New York-based criminal defense and civil rights attorney.
Kuby was highly critical of the praise some have expressed for Penny.
“It's very concerning to me that this man is being touted,” he said.
“It's another thing to take the position of, 'Look, this is all terrible, he didn't mean to hurt anyone, and it's all so tragic.'” That's something you can take and rationalize. This is a position that can be protected. But who would be brave enough to do what others wouldn't do to take that man out as a hero? Or as a good Samaritan? A good Samaritan would not have met him on the street and suffocated him to death. ”
But even some Democrats have acknowledged that the case comes against a backdrop of growing public concern about crime and anti-social behavior, which could lead to a more lenient view of Penny's actions.
Hank Sheinkoff, a New York-based Democratic strategist, said the public's perception of the incident was driven by the perception of “anarchy.”
“People are very concerned about disorder, which is why Trump did so well,” Scheinkopf said of Trump's better-than-expected performance in New York City in the recent presidential election. spoke. By contrast, he argued, “the far left does not understand what anarchy is.”
Still, Mr. Scheinkopf clarified that he was not advocating Penny's innocence or guilt.
“The sensitive question is whether Penny was excessive. And what does it mean to protect others? When does the act go beyond defense?”
These are the questions a New York jury is currently considering.
No matter how they end up, they will likely face a barrage of criticism from opposing sides in the country's culture wars.
The Memo is a reported column by Niall Stanage.
