Woke Prosecutor’s Restorative Justice Approach Faces Scrutiny in Daniel Penny Manslaughter Case

By Jared Evan

In the high-profile Manhattan case, Assistant District Attorney Dafna Yoran’s prosecutorial choices are drawing scrutiny, with critics pointing to her history of leniency in violent cases.

Daniel Penny, a former U.S. Marine, faces charges of manslaughter and criminally negligent homicide in the May 2023 death of Jordan Neely on a New York City subway. Penny, who pleaded not guilty, applied a fatal chokehold to Neely after witnesses reported Neely acting erratically and frightening passengers.

The case has divided public opinion, with some hailing Penny as a hero for intervening in a volatile situation and others urging accountability for Neely’s death. Mayor Eric Adams expressed the need to consider the broader issues at play, noting the challenges subway riders face daily and the lack of adequate mental health support.

However, attention has shifted to Yoran’s prosecutorial decisions, particularly her role in a 2019 robbery-murder case. In that instance, Yoran pursued a reduced charge of manslaughter instead of second-degree murder for a mugger who killed an 87-year-old man over $300. This decision, part of what she called a “restorative justice” initiative, resulted in a sentence of just 10 years rather than the typical 25 years for such a crime. Yoran framed the approach as a transformative opportunity, though critics see it as emblematic of leniency under the policies of Manhattan District Attorney Alvin Bragg, who has been accused of favoring “soft-on-crime” practices.

Penny’s defense argues that the charges against him should never have been filed, citing inconsistencies in addressing crime in the city. If convicted, Penny faces up to 15 years in prison, a potential sentence that contrasts sharply with Yoran’s approach in the earlier homicide case.

In closing arguments, Yoran told jurors that Penny’s actions directly caused Neely’s death, urging them to reject defenses that shift blame to systemic failures.  Meanwhile, Neely’s troubled past, marked by homelessness, mental illness, and multiple arrests, has fueled debates over the systemic issues leading to such tragic encounters.

As the jury deliberates, the case underscores broader tensions in New York over crime, justice, and the treatment of vulnerable populations.