Daniel Penny won't testify in his manslaughter trial as defense rests in chokehold death case
NBCNOV 2024
Judge Drops Top Charge in NYC Subway Chokehold Trial
Above: Daniel Penny at the Manhattan Criminal Court building on Dec. 6, 2024, in New York City. Image copyright: MediaPunch/Contributor/Bauer-Griffin/GC Images via Getty Images
The Spin
Right narrative
Everyone knows Penny is innocent, evident from the jury leaning toward acquittal and the manslaughter charge being dropped. The reason is simple: Penny acted to protect subway passengers from Neely's explicit violent threats. Unfortunately, prosecutors are using questionable tactics to force a criminally negligent homicide verdict.
Left narrative
Penny isn't innocent, as shown by the video of him choking Neely for far longer than he knew was appropriate. His actions were reckless and, despite his attempts to save face by citing his friendships with Black individuals, demonstrate a lack of regard for a mentally ill Black man's life.