In the aftermath of Daniel Penny’s acquittal on charges of criminally negligent homicide, his legal team is weighing the possibility of taking legal action against Manhattan District Attorney Alvin Bragg. Penny’s attorney, Steven Raiser, has confirmed that he is exploring a potential lawsuit for malicious prosecution, arguing that the case was driven by political motives and lacked merit.
Three days ago, a Manhattan jury delivered a unanimous not guilty verdict in Penny’s trial concerning the death of Jordan Neely, a 30-year-old homeless man who died after a physical confrontation on a New York City subway in 2023. The incident became a highly publicized case. Penny, a 26-year-old Marine veteran, was on the subway when Neely, described as mentally ill and erratic, allegedly began shouting at passengers and acting aggressively.
Several witnesses testified that Neely’s behavior frightened those on board. Penny intervened, placing Neely in a chokehold while other passengers evacuated the train. Neely lost consciousness and was later pronounced dead. The prosecution, led by Assistant District Attorney Dafna Yoran, argued that Penny’s actions were excessive and reckless. However, the defense contended that Penny acted out of necessity to protect the other passengers, citing witness testimony and expert opinions about Neely’s behavior and the presence of multiple drugs in his system at the time of his death.
“He’s relieved. That was the best thing I could ever hear because the amount of stress he’s been under for the past year and a half has been immense,” Raiser said in an interview with Fox & Friends.
“Just like Danny said in his interview, it was like they wanted to try and pin something on him,” Raiser continued. “They knew they weren’t going to succeed, so they had to drop the top charge to pursue the second one, hoping they could pull out a win. But thankfully, they didn’t.”
Raiser’s consideration of a malicious prosecution lawsuit highlights the growing scrutiny surrounding District Attorney Alvin Bragg, who has faced backlash from political opponents and members of the public for his handling of high-profile cases.
“This is about Alvin Bragg and how he managed this case, and the ethical concerns that arose,” Raiser said. “The medical examiner’s office—Chief Graham—played a significant role here. It’s clear from the record the extent of his involvement. He was appointed by Mayor Adams, from the same political party as Bragg.”
“There was collusion from the very beginning, and it continued throughout,” Raiser claimed. “The district attorney needed the medical examiner’s quick cooperation, and he got it. There was a real fear that if no arrest was made immediately, there might be riots, and that could negatively affect Bragg’s political career.”
Raiser further criticized the contrast between Bragg’s handling of Penny’s case and other instances where he had been lenient. “There’s been extensive attention on this office’s reluctance to prosecute certain crimes, emphasizing restorative justice, which is admirable in some cases,” he said. “But how can you go after my client—who you admit did a noble thing—when you’re letting violent criminals off the hook?”
Despite the resolution of the criminal case, Penny still faces a civil lawsuit filed by Neely’s father.
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