On Wednesday, a Manhattan judge denied a motion to dismiss several
indictments filed against Marine Daniel Penny in relation to the
death of an erratic ex-convict.

The incident in question occurred on May 21, when Jordan Neely — who
had been arrested 44 times for “criminal conduct” and, at the time,
“had an outstanding warrant for felony assault” — began threatening
and getting violent with NYC subway passengers. During the episode,
Neely allegedly kept repeating the phrases, “I’m going to kill you,”
“I’m prepared to go to jail for life,” and “I’m willing to die.”

In response, Penny and two of his fellow passengers attempted to
restrain Neely, which involved the former placing the latter in a
headlock. Neely ultimately died during the encounter, with NYC’s
medical examiner ruling the death a homicide.

Penny — who is currently free on $100,000 bail — was indicted by a
grand jury in June “on one count each of criminally negligent
homicide and second-degree manslaughter.” If convicted, the former
Marine could face up to 19 years in prison, according to the New
York Post.

In his Wednesday ruling, Judge Maxwell Wiley reportedly denied
Penny’s motion to dismiss the manslaughter case “because of alleged
issues with prosecutors’ instructions to the grand jury and claims
that the medical examiner didn’t establish that Penny’s actions
killed Neely.” According to the Post, Wiley claimed Neely’s death
certificate and testimony from the case’s medical examiner provided
enough corroboration to “establish that defendant’s actions caused
the death of Neely.”

Penny’s next court hearing is scheduled for March 20.

Unequal Application of the Law
Whereas Penny‘s ongoing prosecution and the criminalization of
defending oneself and others against a threatening agitator is
egregious, what’s particularly offensive is city residents’ unequal
application of a single standard of justice for individuals who
partake in similar acts of alleged misconduct.

Similar to Penny, Queens resident Jordan Williams — who is black —
was charged by a Brooklyn prosecutor in June for his role in the
death of an ex-convict on a Brooklyn subway. Video footage of the
incident reportedly showed ex-con Devictor Ouedraogo “choking
Williams and slugging his girlfriend,” actions which resulted in
Williams stabbing Ouedraogo and the latter’s death.

This led prosecutors to charge Williams with “manslaughter and
criminal possession of a weapon.”

Unlike Penny, however, prosecutors’ request that Williams be placed
on a $100,000 cash bail was denied by a local judge. Less than a
month later, a grand jury dismissed Williams’ charges altogether.

Neither Penny nor Williams should have been charged in the first
place. Both men were clearly defending themselves and others against
threatening, violent agitators. But NYC residents’ decision to
indict Penny and not Williams is further emblematic of Democrats’
hierarchical worldview.

The American left doesn’t believe in a single standard of justice.
Rather, it supports and actively fosters a system that levies
punishment based on one’s political affiliation or identitarian
features such as race or sexual orientation — not the merits of the
case. It’s through this distorted worldview that NYC Democrats
believe that Williams — who is black and therefore “oppressed” —
should go unpunished while Penny — who is white, therefore
privileged and an “oppressor” — should have the book thrown at him.

For Democrats, the facts of a case don’t matter. All that matters is
whether the person on trial is wearing their team’s jersey.
Everything else is secondary.

https://thefederalist.com/2024/01/18/daniel-pennys-fight-to-be-
free-illustrates-leftists-hierarchical-two-tiered-justice-system/