Photo of Daniel Penny on NY Subway Goes Viral After Acquittal

A photo of recently acquitted Daniel Penny riding the New York City subway has gone viral.

Newsweek has reached out to Penny’s attorney via an online form outside normal working hours for comment.

Why It Matters

Penny, 26, was acquitted of homicide after he put an unarmed homeless man, Jordan Neely, in a fatal chokehold on a New York City subway train in May of 2023.

Penny was acquitted back in December and the acquittal was divisive.

To some, he is viewed as a hero who protected his fellow passengers from a threat. Others believe his conduct was unjustifiable and believe him to be guilty of murder.

What To Know

In a post on X, formerly Twitter, Penny is seen riding the subway.

He has a scarf wrapped over his head and is reading a book. He does not appear to be aware of the fact his photo is being taken.

The photo was posted by the author and editor Jack Poso, who captioned the photo “He’s back.” The post, shared on January 16, had 2.9 million views at the time of reporting.

It was then shared by Donald Trump Jr., the son of President-elect Donald Trump who captioned his post, “The subway just got a lot safer.”

The death of Jordan Neely sparked protests across New York, with many highlighting the issue of race as Neely was Black and Penny is white.

The case has reignited debates over safety on public transportation and how the city looks after people struggling with both homelessness and mental illness.

What People Are Saying

Penny spoke about his acquittal in a Fox News interview in which he said: “The guilt I would have felt if someone did get hurt. If he did do what he was threatening to do, I’d never be able to live with myself. I’ll take a million court appearances and people calling me names and people hating me, just to keep one of those people from getting hurt or killed.”

Representative Summer Lee, a Pennsylvania Democrat, posted on X following Penny’s acquittal: “The acquittal of Daniel Penny in the murder of Jordan Neely is a painful reminder of a long-standing reality: vigilante violence against Black people often goes unchecked. Jordan deserved compassion, not violence. We stand with his loved ones in demanding accountability.”

Representative Mike Lawler, a New York Republican, posted on X: “This is a just verdict. Daniel Penny never should have been charged. [New York District Attorney] Alvin Bragg has failed to uphold the law, protect victims, and hold violent criminals accountable. Rather he has engaged in politics, repeatedly. @GovKathyHochul should remove him from office. She won’t.”

Hawk Newsome, co-founder of New York’s BLM chapter, told reporters outside court during Penny’s trial: “Racism is still alive and kicking in America … those among you who say that Daniel Penny is innocent have racism and bias in your heart.”

What Happens Next

As Penny has been acquitted, he will return to normal life but people on both sides of the spectrum are still very interested in and feel strongly about the case.

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