Former Oregon National Guard Specialist and newly elected state representative Alek Skarlatos has expressed concern over the manslaughter trial of Marine veteran Daniel Penny, highlighting the potential chilling effect on individuals willing to intervene in dangerous situations. The case stems from a deadly altercation on a New York City subway involving Penny and Jordan Neely, a homeless man with a history of mental illness and criminal activity.
Mayor Eric Adams seemingly defended Penny's actions, emphasizing the perceived threat posed by Neely. Penny, who faces a potential 15-year sentence if convicted of manslaughter, restrained Neely after he allegedly made threats on the subway. The jury began deliberations this week.
Mayor Adams, speaking on "The Rob Astorino Show," described the situation as one where passengers were fearful and Penny responded in a way the city itself should have. He questioned the efficacy of the city's mental health system, suggesting its failures contributed to Neely's presence on the subway and the resulting incident. Adams stated, "Then you look at the complete failure of our mental health system… having those who needed help just turned over into the street without giving any safety net to accept them."
Penny's defense attorney, Steven Raiser, argued that Penny only restrained Neely when necessary and repeatedly eased his hold when Neely stopped struggling. He placed blame on the absence of law enforcement, questioning why Penny was being held responsible when authorities weren't present. Conversely, the prosecution argued that Penny dehumanized Neely and sought to eliminate him.
The medical examiner ruled Neely's death a homicide caused by asphyxiation from the chokehold. Neely's past included assaults on subway riders and other offenses, including a 2021 attack on a 67-year-old woman. His record also shows arrests for public lewdness, assault, and violating a restraining order, though these charges were dismissed as part of a plea deal.
Mayor Adams also criticized media portrayal of Neely, suggesting the chosen imagery created a misleading impression of the deceased. He argued that the photos used depicted Neely as a harmless individual, obscuring his history.
