Daniel Penny’s situation compared to OJ Simpson’s despite ‘overcriminalization’ in Jordan Neely’s case, expert suggests

Daniel Penny has successfully proven in court that he is not guilty of causing Jordan Neely’s death from a chokehold. Yet, a lawyer cautioned that he might face a civil trial like OJ Simpson in the future.

During the high-profile trial shedding light on homelessness and subway safety in New York City, 26-year-old Penny, who typically maintains a composed demeanor, visibly broke down on Monday upon learning that he would be acquitted.

Accused of manslaughter and criminally negligent homicide, Penny was alleged to have used a fatal chokehold on Neely, a 30-year-old homeless man, during a subway journey.

On May 1, 2023, a visibly disturbed Neely walked on the train high on synthetic weed before screaming demands for money at passengers, defense attorneys argued in court.

Witnesses said Neely threatened violence against commuters, which included women and children, and declared that he was ready to go to prison for life.

Penny said he thought that people were in danger on the train, so he grabbed Neely and held him down as two other passengers grabbed the homeless man’s legs.

At the next stop, first responders were able to take over, but Neely had tragically died.

Speaking exclusively to The U.S. Sun, attorney Duncan Levin, a former senior staffer for the Manhattan District Attorney’s office, which tried to prosecute Penny, explained why he thinks the ex-Marine walked free.

He said the devastating situation was “overcriminalized” and described it as a “cautionary tale for prosecutors” who “push the envelope.”

“It’s clearly a vindication for Mr. Penny,” he said.

Levin believes the scene of the crime was crucial to the jury’s decision.

Subway safety is an important issue for New Yorkers, who have all likely experienced a similar situation to Penny’s that day, Levin said.

“All of the jurors have been on subway cars,” he said.

“And I think many of them have been in a position where they feel some sort of real threat to them when they’re in the subways.

“They feel viscerally what the defendant was going through when he went in.”

COURT BATTLE AHEAD

Neely is a native New Yorker who once was beloved for his Michael Jackson street performances.

He lived through tragedies in the city, such as the murder of his mom when he was 14, which prosecutors said did irreversible damage to his mental health.

However, in recent years, the tragic dancer had descended into a life of drug use, homelessness, and constant arrests.

In fact, the New York Police Department had placed him on a “Top 50” list of homeless people most at risk for his severity of crimes and refusal to accept help.

In 2021, he busted a 67-year-old woman’s nose and cracked her eye socket as she walked out of a subway station.

“Our city knew exactly who Jordan was, where he was, and what his history was,” said Councilwoman Pierina Sanchez after his death.

“And yet we failed him.”

Neely’s father, Andre Zachary, who was outspoken through the trial proceedings, fired off curse words and had to be removed from the courtroom after the jury’s decision.

He’s filed a civil suit against Penny that accuses the ex-Marine of negligence, assault, and battery and is asking for an unspecified amount in damages.

The standards for winning a civil suit are far more relaxed than those in a criminal case. Plaintiffs must only convince the jury that the evidence proves that it was likelier than not that Penny violated Neely’s rights.

Meanwhile, prosecutors in a criminal trial have to prove beyond all reasonable doubt that their charges are legitimate, as defendants are innocent until proven otherwise.

When asked about Zachary’s suit, Levin compared Penny to Simpson, who was notoriously found not guilty of murdering his second wife, Nicole Brown Simpson, and her friend Ronald Goldman despite damning evidence.

Though he walked free from the bombshell 1995 criminal trial, Nicole Simpson and Goldman’s families went on to file a civil case that found Simpson liable for their deaths.

The families were awarded $33 million in damages.

“He very well may be dealing with litigation for many years on the civil case,” said Levin.

“It makes it harder for the civil litigants to win because he’s now been acquitted.

“But it’s a different standard.

“The question for the civil is it more likely than not that he violated Mr. Neely’s rights.”

Overall, Levin said he wasn’t shocked by Penny’s acquittal, and described it as a “common sense” ruling.

“One of the things that prosecutors often say to jurors is that they’re being called to not only listen to all the evidence but to bring in their own real-world experiences and their common sense,” he said.

“And that’s clearly what happened today.”