In the wake of Daniel Penny’s acquittal on charges of criminally negligent homicide, his legal team is considering a significant legal move against Manhattan District Attorney Alvin Bragg. Penny’s attorney, Steven Raiser, has stated he is exploring a lawsuit for malicious prosecution, arguing the case was politically charged and unjust.
Three days ago, a Manhattan jury delivered a unanimous not-guilty verdict in Penny’s trial over the death of Jordan Neely, a 30-year-old homeless man who died following a physical altercation on a New York City subway in 2023. The incident escalated into a highly publicized case. Penny, a 26-year-old Marine veteran, was on the subway when Neely, described as mentally ill and erratic, reportedly began shouting at passengers and behaving aggressively.
Multiple witnesses testified that Neely’s actions frightened those on the train. Penny intervened, subduing Neely in a chokehold while other passengers evacuated the car. Neely lost consciousness and was later pronounced dead. The prosecution, led by Assistant District Attorney Dafna Yoran, argued that Penny’s actions were excessive and reckless. However, the defense maintained that Penny acted out of necessity to protect fellow passengers, pointing to witness accounts and expert testimony about Neely’s behavior and the presence of multiple drugs in his system at the time of death.
“He’s relieved, that was the best thing that I could ever hear because the amount of stress that he’s been under for the past year and a half has been tremendous,” attorney Steven Raiser said to ‘Fox & Friends.’
“Just like Danny said in his interview, it was like they wanted to try and get him on something,” continued Raiser. “They knew they weren’t going to be able to get him so they had to get rid of that top count in order to get to that second count just in the hopes that maybe they could pull out a win here, and they were unsuccessful thank God.”
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Raiser’s consideration of a malicious prosecution lawsuit underscores growing scrutiny of District Attorney Alvin Bragg, who has faced criticism from political opponents and members of the public for his handling of high-profile cases.
“Well, it goes against Alvin Bragg for the way in which he handled this case and the ethical lines that were blurred. Yeah, I mean, the medical examiner’s office—Chief Graham—for his involvement in this case. I mean, the record was made fairly clear as to the extent of his involvement in what occurred here. You know, he was appointed by Mayor Adams, same political party as Alvin Bragg.”
“The collusion began from the very beginning of this case and all the way through. The district attorney needed the medical examiner—and needed the medical examiner to act quickly—and he did just that.”
“It was clear that there was a fear that if an arrest wasn’t made – and made very quickly – that there might be rioting in the streets, and that that may ultimately look very bad for District Attorney Alvin Bragg. And if that in fact happened, that could affect his re-election.” Raiser explained, “There were some highlights that were put out there, quite extensively, in regards to this office’s practice of not prosecuting crime, and some very serious cases to talking about restorative justice and such, which, by the way, in some circumstances, that’s a great thing.”
“But some brutal cases of an individual who attacked an 80-year-old man, mugging him and punching him and ultimately killing him, and yet you’re going to go after full-throated against my client, who you admit did a laudable thing and is a fine young man? Despicable.”
With the criminal case now resolved, Penny still faces a civil lawsuit filed by Neely’s father.
