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A Deeply Troubled Man Is Dead. That Is A Tragedy, Not A Reason To Celebrate
By Frank LoBuono
When the news that the Manhattan DA’s office was indicting Daniel Penny for the subway chokehold death of Jordan Neely, a well-known but troubled subway performer broke, I knew that there would be issues with the prosecution. Neely was known by authorities to have mental issues, some of them causing him to have bizarre and sometimes threatening behavior as was the case when Penny and Neely encountered one another on a NYC Subway. Neely was seen on video making threatening comments and exhibiting aggressive behavior. At one point he was even reported to have said “someone’s going to die tonight.” Obviously, fellow riders were frightened. I also have some anecdotal evidence that others found his behavior threatening on different occasions too.
Upon confronting Neely, Penny, a strapping former Marine, sprang into action, subduing Neely in an incapacitating embrace with his arms rapped around Neely’s neck, i.e. a chokehold. He kept the pressure on for approximately 7 minutes and until he stopped struggling. Neely was pronounced dead shortly after.
Penny was then indicted on charges of Second-Degree Manslaughter and Criminally Negligent Homicide. The DA’s office claimed, and intended to prove, that as a man trained by the Marines in lethal combat techniques, he should have been aware that his actions would lead to Mr. Neely’s death. As Mr. Penny is white and Mr. Neely black, some claimed that racism also played a role.
I also understand that because of those racial undertones, the DA felt pressure to bring charges – any charges. Afterall, a man who made threatening statements but committed no violent acts was now dead.
From the very beginning this was going to be tough for the DA to prove. Statements from other subway riders indicated that they were clearly frightened by Mr. Neely’s aggressive behavior and many expressed gratitude that Penny stepped in when he did. In fact, at that very moment, Mr. Penny’s actions can be seen as heroic. In an effort to protect others he put himself in danger. How many of us can honestly say that we would have done the same thing – or anything?
So, at that moment, Daniel Penny was a hero. He may have saved others. It was reasonable to assume that he did. The evidence as presented in a trial of his peers validated his efforts with a total acquittal on all charges. Throughout the trial Penny represented himself with class and honor. Based on that and the fact that I believed that he acted in good faith and without malice, I supported that judgment. One life was over, there was no good reason to ruin another. It was to a point, certainly cause to celebrate. However, what shape that celebration might take would make a big difference. It’s important that we keep in mind the gravity of what happened and how we got here in the first place.
With that in mind, my opinion of Mr. Daniel Penny has soured greatly, particularly since the events of this past Saturday. He was seen in attendance at the annual Army-Navy football game. At some point he made an appearance in President-Elect Donald Trump’s private box and received salutes and adulation.
Now, there is absolutely nothing wrong with a former Marine attending the Army-Navy game. Generations of veterans make the annual pilgrimage to honor their service academies. And if that was the only way Mr. Penny intended to be at the game, that would be fine too. However, by accepting Mr. Trump’s invitation to watch from his private suite he changed it from a harmless afternoon of fun into a political statement. This, in my opinion, is contrary to the very essence of heroism.
As a boy, my father taught me that true heroism comes from the willingness to sacrifice for others, even at the cost of your own safety and well-being, and to be good for its own sake. True heroes are reluctant to take credit and never boast at the fall of an opponent. Be humble and unassuming.
Mr. Penny certainly exhibited some of those traits but has failed terribly in others. Let’s not forget that a man died – and did so at his hands. Despite whatever shortcomings Mr. Neely may have had, he certainly did not deserve to die for them! This can never be a cause to celebrate. Yes, Mr. Penny did what he felt he had to do. But the result, by any standard, cannot be categorized as anything less than tragic. To exploit it for anything more than that shows a deplorable lack of compassion and respect for life, especially for that man and his family.
But, by the reaction of Mr. Trump’s cultlike MAGA followers to his presence at the game is just another indicator of where this Country is heading, i.e. a place where we celebrate tragedy as righteousness. America will only return to greatness when we rediscover compassion for everyone.
Read also: Brian Thompson’s Assassin Is A Cold Blooded Killer, Not A Folk Hero
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