The Chilling Effect on Good Samaritans and the Race Card

Photo: Jennifer Peltz/AP

Daniel Penny (the marine) was acquitted in chokehold death of Jordan Neely. It resulted in two diverging responses – Applause vs. Uproar and Relief vs. Rage.

The deceased was Neely, a 30-year-old who was a homeless man who made threats on an uptown F train on May 1, 2023. Arguments were made that he died from his schizophrenia, his drug use (with K2 in his system), his genetic conditions and his continued struggle with Penny once he was restrained.

It is also important to mention that he is a career criminal in a system that does not punish nor imprison repeat offenders. Therefore, the deterrence factor against criminal behavior is removed. Neely reportedly had 42 arrests. including petty larceny theft, and three unprovoked attacks on women. These innocent victims and their suffering is a consequence of our revolving door criminal justice system that does not protect the victims.

“I think the jurors all put themselves in that subway car, heard the fear of the passengers and identified with it — and rejected the criminalization of the actions Mr. Penny took in the face of clear danger,” Thomas J. Curran, a former assistant DA in Manhattan, told The Post.

Following the verdict, Mayor Eric Adams, noted that this case and the death highlighted the flaws in our system that failed Neely and others suffering from mental health issues and/or drug dependency.

Many have called for the resignation of Manhattan District Attorney Alvin Bragg for this case and for bringing other recent cases, including against President Donald Trump.

Verdicts have consequences. They either send a message to deter future behavior or they lead to a riot-like behavior. Well in this case, the worst of both outcomes has occurred:

1) Good Samaritans will be afraid to step up to protect others and await for law enforcement which could result in greater public harm; and

2) The riot behavior increased with protestors following the verdict will continue to create conflict.

This verdict and cases like this continue to exacerbate the cracks in the American foundation that have been weaponized, especially in politics: race, crime, mental health and treatment of homeless.

In this instance, Neely was Black. Penny is White. Race played no part of Penny’s decision to come to the aid. He simply employed his training to put service above self and put his own life at risk to save others.

To be fair, there is still racism and antisemitism in this country, but that does not mean that every crime where the criminal and victim are of different races is racially motivated. It is appalling that some are calling Penny the George Floyd of the right.

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Dr. Michael Goldstein & Jonathan Goldstein

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