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CRIME


'LAWLESSNESS' CONTINUES TO PLAGUE NYC TRAINS AS DA BRAGG PUSHES MANSLAUGHTER
CASE AGAINST DANIEL PENNY


DANIEL PENNY WAS CHARGED IN THE FATAL NYC SUBWAY CHOKEHOLD OF JORDAN NEELY


By Michael Ruiz Fox News
Published March 20, 2024 4:00am EDT
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A crazed man slashed a subway conductor in the neck; a jilted lover shoved his
ex-girlfriend in front of a moving car, maiming her; a belligerent shot in the
head with his own gun; and New York Gov. Kathy Hochul sent in National Guard
troops and state police to help restore order to New York City's public
transportation system.

And on Monday afternoon, two off-duty NYPD officers riding a commuter train
arrested another slashing suspect after he allegedly hacked a rider's face with
a box cutter, according to authorities.

Video shows just one traveler trying to help the victim as others got up and
went to the ends of the train car. He sprinted over to the altercation and
wrestled with the suspect for much of the 1-minute, 30-second video.

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US MARINE VET DANIEL PENNY PLEADS NOT GUILTY TO MANSLAUGHTER IN CHOKEHOLD DEATH
OF JORDAN NEELY

Daniel Penny departs Manhattan Criminal Court following his arraignment, June
28, 2023, in New York. Penny, 24, pleaded not guilty to second-degree
manslaughter and criminally negligent homicide in the May 1 death of Jordan
Neely. (AP Photo/John Minchillo)

> We have argued from the inception of the charges against Danny that his
> prosecution will have a chilling effect on every person’s duty to help. Now
> any person has to not only fear putting his or her own life in danger to help
> someone else, but must also consider the real risk of being judged for that
> decision. After how Danny’s been treated there are even more reasons for
> people who would want to help, to just stay out of it. 
> 
> — Raiser & Kenniff, law firm defending Daniel Penny

"Get off of him, bro," he says, pleading with him to stop the attack. "He ain’t
done nothing to you."

The NYPD said the off-duty officers arrested a 32-year-old man accused of
slashing the 27-year-old victim after a verbal altercation. Charges were
pending.

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"The reality is, if force against riders is used or threatened and if they
choose to defend themselves, there is a likelihood that the assailants might get
hurt and the riders defending themselves are the ones being arrested," said
Steven Raiser, a partner at Raiser & Kenniff, the law firm representing Daniel
Penny. "That is a ‘Catch-22,’ let yourself, or someone else, be a victim, or
risk being a defendant in court."

DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE
STEPPED IN

WATCH: Man shot in head during fight on New York City subway

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Penny could face up to 15 years in prison after placing an emotionally unstable
man named Jordan Neely in a fatal chokehold last year. He cooperated with police
and was initially released, and is set to return to court on Wednesday.

Although witnesses described the Marine Corps veteran and college student as a
"hero," he turned himself in 11 days later when District Attorney Alvin Bragg's
office charged him with manslaughter.

Screenshot from bystander video showing Jordan Neely being held in a chokehold
on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via
Storyful)

Penny allegedly told police an "irate" Neely "was threatening everybody" and
ranting about going to prison, according to court documents.

{{#rendered}} {{/rendered}}

WATCH: New York straphangers weigh in on subway crime



"Between stops, you’re trapped on the train, and there’s nowhere to go. You can
try to move away, but you can only do so much on a packed car," Penny, 24,
previously told Fox News Digital. "I was scared. I looked around, and I saw
older women and children, and they were terrified."

Neely had a documented history of mental illness and a criminal record that
included prior subway assaults. He allegedly got on the train, threw his jacket
down and began threatening to kill people while warning, "I'm prepared to go to
jail for life."

{{#rendered}} {{/rendered}}

Members of the NYPD and National Guard conduct randomized bag searches in New
York City’s subway system on Monday, March 11, 2024. Gov. Kathy Hochul announced
a five-point plan earlier this month, deploying 750 members of the National
Guard to combat a near 20% rise in crime levels throughout the subways. (Matthew
McDermott for Fox News Digital)

NEW YORKERS RAIL ON LOSING BATTLE AGAINST CRIME AFTER GOV. HOCHUL DISPATCHES
NATIONAL GUARD

"The problem with subway riders being vigilant is less of a solution now that
Danny has been hauled off to court for defending himself and others," Raiser
told Fox News Digital. "The police and military are required even more since
Danny’s arrest, because the riders themselves must not only be fearful of their
would-be attackers, but of how they will be judged if they step forward to help
one another."

Experts are warning that the case against Penny is dissuading other potential
good Samaritans from getting involved when they have a choice not to. This as
robberies and transit crime continue to climb in the Big Apple – by 5.8% and
6.9%, respectively, so far this year over last, according to the latest NYPD
statistics.

{{#rendered}} {{/rendered}}

Commuters travel through a subway tunnel in midtown Manhattan on Monday, March
11, 2024. (Matthew McDermott for Fox News Digital)

"Alvin Bragg has destroyed anybody's chance of intervening and helping
somebody," said Joseph Giacalone, a retired NYPD sergeant and professor at John
Jay College of Criminal Justice. "New Yorkers were always trained to mind your
own business, but some have gotten involved for moral reasons. But after seeing
how cases are handled by the district attorney in Manhattan, specifically,
everybody is for themselves at this point, and I don't blame them."

An NYPD officer patrols a subway station in New York City on Monday, March 11,
2024. (Matthew McDermott for Fox News Digital)

CLICK HERE TO GET THE FOX NEWS APP

As for the governor's move to bolster security with the National Guard, Raiser
said it's only a temporary solution to a long-standing problem.

{{#rendered}} {{/rendered}}

"This approach is, at best, a Band-Aid to temporarily control the lawlessness
until a solution can be found," he said. "Gov. Hochul needs to produce a plan to
address the mentally ill and the homelessness crisis that is the root cause of
havoc in our subways." 

Michael Ruiz is a reporter for Fox News Digital. Story tips can be sent to
michael.ruiz@fox.com and on Twitter: @mikerreports


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