Within minutes of Daniel Penny’s acquittal on all charges in the subway chokehold case, some members of Black Lives Matter were already calling Penny a “murderer” and a “subway strangler.”
These tone-deaf comments show exactly why the Black Lives Matter movement does not speak for Black Americans much less other communities of color. In fact, given that Black and Hispanic Americans are more likely than other groups to live in high crime areas, we should be championing this verdict. Penny’s acquittal is a victory for everyone who values safety and the courage of ordinary citizens to step up in moments of crisis.
But to understand why this is such a victory for minority communities, let’s look at the facts.
In May 2023, Penny, a former Marine, intervened on a New York City subway to protect passengers from Jordan Neely, a man whose erratic and threatening behavior left many in fear – a fear that was warranted, especially from minority Americans riding that subway.
Put this over the backdrop of violent crime engulfing New York City Streets, where minority Americans are disproportionately victimized by violent criminals. In New York City, while minority communities account for about 50% of the population, these Americans account for over 75.7% of the victims of violent crime.
Tragically, Neely died after Penny restrained him, leading prosecutors to charge Penny with manslaughter and negligent homicide. However, the jury’s decisions—first a deadlock on manslaughter, and now an acquittal on the lesser charge—reaffirm the principle of reasonable doubt and the importance of justice over compromise.
This case highlights a vital truth that the Black Lives Matter movement fails to understand. Americans need people like Penny. We need people who are willing to act when others are in danger. Typically it is members of law enforcement. But police cannot be everywhere, so there are times when we turn to everyday Americans for acts of courage and heroism.
Consider what happens when society discourages intervention. In Japan, a phenomenon known as chikan—the groping of women on crowded trains—runs rampant. Bystanders often look the other way, and victims sometimes pretend to sleep, fearing the stigma of confrontation. Cultural norms discourage stepping in, leaving the vulnerable unprotected. That’s not a society we want to emulate.
Here in America, Penny’s actions exemplify the opposite. Penny took a stand, protecting innocent people when no one else did, many of whom were minorities. That’s what makes his acquittal so important. Convicting him would have sent a chilling message: If you step up to protect others, you risk losing your freedom. Thankfully, the jury’s decision avoided that dangerous precedent.
The tragedy of Neely’s death cannot be ignored. But it’s also a reflection of a system that failed him long before that subway ride. Neely, reportedly battling mental illness, was left to spiral on the streets without the care he needed. Penny, caught in a no-win situation, stepped into the void left by that systemic failure.
The jury’s decision isn’t just a vindication of Penny—it’s a defense of public safety. If we want safer streets, and brighter futures we need to empower Good Samaritans, not punish them. This acquittal sends the right message: Courage and quick thinking in the face of danger should be commended, not criminalized.
Penny’s acquittal doesn’t erase the tragedy of that day, but it reinforces a fundamental truth: Justice must prioritize fairness over fear. With this verdict, the jury has affirmed the importance of protecting both the innocent and the principles that keep our streets—and our society—safe.
