Following the "not guilty" verdict in the Daniel Penny case, legal experts and commentators are weighing in, expressing surprise at the jury's decision. George Washington University Law Professor Jonathan Turley, speaking on Fox News, suggested that Manhattan District Attorney Alvin Bragg might be the "most surprised" by the outcome.
Professor Turley pointed out that the progression of the case seemed to be aligned with Bragg's strategy to push for a compromise verdict. With the jury deadlocked on the more serious charge, the judge allowed deliberation on the lesser offense. This, Turley explained, was likely Bragg's hope – a conviction on a lesser charge if the more serious one proved unattainable. This lesser charge still carried a potential four-year sentence.
The acquittal on the lesser charge of criminally negligent homicide came after the jury failed twice to reach a unanimous verdict on the second-degree manslaughter charge. This charge was ultimately dismissed by Judge Maxwell Wiley at the prosecution's request. This dismissal led many legal experts to anticipate a conviction on the lesser charge, making the jury's decision even more unexpected.
Turley noted that the bar for criminal negligence is considered quite low by many defense attorneys, which makes the acquittal even more significant. He believes it would be highly unusual for Bragg to pursue further prosecution given this outcome.
The case stemmed from an incident where Penny restrained Jordan Neely, a homeless man who was exhibiting erratic behavior on a subway train. Neely's death during the restraint led to the charges against Penny. Neely's father, present for the verdict, was reportedly removed from the courtroom after reacting emotionally. The verdict has also sparked strong reactions from activist groups, with threats of protests emerging.
