Daniel Penny and the Attempted Murder of Courage: The Dangerous Precedent of Prosecuting Heroes

Though the Daniel Penny trial is deadlocked with the judge urging jurors to continue deliberating, should they reach a decision, the verdict may ultimately be on something far bigger than the actions of one Marine on a New York City subway. It could be about what kind of country we want to be—a nation of men and women willing to step up in the face of danger, or a nation of cowards who film chaos on their phones and do nothing to stop it.

Penny, a Marine veteran, was riding the subway when Jordan Neely—a man with a long history of mental health issues and violent outbursts—began threatening passengers. Witnesses described Neely’s behavior as erratic and frightening. Penny acted decisively, restraining him in a chokehold to prevent what he and others clearly believed was a potential attack. Tragically, Neely died.

What followed wasn’t a nuanced look at a tragic situation, but an immediate rush to blame Penny, in part or in whole, because Penny is white and Neely was black. Neely also had a history of mental illness…and violence. His death was tragic, but the threat he posed to passengers on the F train that day was real. Despite that, Manhattan District Attorney Alvin Bragg wasted no time charging Penny with second-degree manslaughter. Bragg, known for his soft-on-crime policies, seemed determined to make an example of Penny—a man who, unlike the violent criminals Bragg often releases with a slap on the wrist, tried to protect people. How dare he?!? That’s Bragg’s providence.

Make no mistake, the prosecution of Penny sends a chilling message to all Americans: if you step up to stop violence, you might become the next defendant. At the very least it tells us that in Bragg’s New York, the safest course of action is to do nothing. Let the chaos unfold, keep your hands to yourself and pray the police arrive before anyone gets seriously hurt (and in Bragg’s New York as well as other cities with liberal district attorneys, even the police may wind up getting charged.) Better yet, pull out your phone and get it all on video. At least you won’t end up behind bars. Dead or seriously wounded maybe, but not behind bars.

The irony is almost unbearable. In a time when violent crime is rising and public safety feels more fragile than ever, Penny’s actions represented exactly the kind of courage we need. He saw people in danger and acted, not out of malice but out of a sense of duty to protect those around him. He didn’t wake up that morning or board that subway training thinking, “I want to hurt or kill somebody today.” His sense of duty—the willingness to defend others even at personal risk—is at the core of what makes a society function. Without it, we’re just bystanders to our own demise.

And let’s not kid ourselves about what happens next if this precedent sticks. Imagine the next subway, the next mall, the next street corner where someone decides to lash out. Will anyone step in? Or will they hesitate, thinking about the potential criminal charges that might await them? Alvin Bragg might not care, he’s sitting safely in his ivory tower, far from the danger spawned by his choices, but the rest of us will be living with the consequences of his decisions for a long time.

It’s worth noting that the jury couldn’t reach a unanimous decision in Penny’s trial—at least not yet, and maybe the won’t. That’s no surprise. The case was never black and white, and it shouldn’t have been brought to court in the first place. Prosecuting Penny wasn’t about justice—it was about politics. It was about sending a message that the powers-that-be are more interested in virtue-signaling than protecting their citizens.

But here’s the real question: What kind of country do we want to live in? Do we want to raise our kids in a world where good men like Daniel Penny are punished for doing the right thing, or do we want to stand behind them? Do we want to reward courage or cultivate a culture of fear? Part of that answer arrived during last month’s elections where a majoirty of Americans voted “enough” on the weakness of our country under the wan leadership of Joe Biden, Kamala Harris and the Democrats and decided they wanted a strong leader, the type who can take a bullet and stand back up undaunted.

Penny’s case isn’t over yet, but the debate it has sparked will echo far beyond an eventual jury verdict. And for those of us who believe in self-defense, courage and the right to protect ourselves and others, the stakes couldn’t be higher. Let’s hope the next good Samaritan isn’t afraid to act—because the alternative is a nation that stands by as chaos reigns.