The Case Against Daniel Penny and His Subway Chokehold

Why Daniel Penny's Intent is the Key Issue and Why His Decision to Testify in the Grand Jury is a Big Risk

As a county prosecutor in New York for ten years (10) and a defense attorney for another ten, I know that the legal issues related to the prosecution of Daniel Penny for Manslaughter in the Second Degree (New York Penal Law 125.15(1) may be opaque to many citizens who have little or no contact with the criminal justice system.

I seek to make this case easier to understand and I begin with two simple points. One, I discuss the elements of the crime; two, (and the only issue in dispute) the issue of criminal intent.

The video of Jordan Neely’s death can be seen here. Watching it is informative but disturbing, and largely unnecessary to the issues I will be discussing.