Prosecutor Accused Of Misconduct In Daniel Penny Case

Manhattan District Attorney Alvin Bragg has come under scrutiny for his role in the case of Daniel Penny, charged in the death of Jordan Neely. Former US Assistant Attorney Andy McCarthy accused Bragg of using excessive charges to pressure the jury into convicting Penny, a Marine veteran who intervened when Neely reportedly threatened subway passengers.

The manslaughter charge against Penny was dismissed after the jury reached a deadlock, leaving jurors to decide on the lesser charge of criminally negligent homicide. McCarthy argued Bragg’s office added the manslaughter charge without sufficient evidence. “It gave the jury something to compromise on, increasing the odds of conviction,” McCarthy wrote.

McCarthy also appeared on Fox News, criticizing the prosecution’s handling of the case and the judge’s decision to dismiss the higher charge. “The jurors have been Allen-charged to try to strong-arm them into deciding,” he said.

The case focuses on whether Penny’s actions were reckless or negligent. Testimony revealed Neely was under the influence of drugs and threatening passengers when Penny restrained him with a chokehold. Defense arguments emphasized Penny’s cooperation with law enforcement and efforts to ensure Neely could breathe.

McCarthy maintained that Penny’s actions were defensive, not reckless. “He was trying to subdue Neely, not hurt him,” McCarthy explained, adding that Penny did not know Neely had died until later.

A mistrial remains possible if jurors cannot reach a decision on the remaining charge, leaving open the question of whether Bragg’s tactics influenced the outcome. Critics argue the case highlights concerns over prosecutorial overreach.

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