And the Prize for the Worst Daniel Penny Coverage Goes to . . .

F or a newspaper that often emphasizes the importance of “context,” the New York Times’ breaking coverage of U.S. Marine veteran Daniel Penny’s acquittal lacked precisely this.

And by “lacked,” I mean its coverage bordered on defamatory.

“Jury Acquits Man Who Was Choking Rider on Subway: Cleared of Homicide — Split Reaction in a Case Reflecting Tensions in New York City,” read the original headline and subtitles to a December 9 New York Times report.

The lede reads:

Daniel Penny, a former Marine who choked a fellow subway rider on an uptown F train last year, was acquitted on a charge of criminally negligent homicide on Monday, ending a case that had come to exemplify New York City’s post-pandemic struggles. [Emphasis added.]

The jurors decided that Mr. Penny’s actions were not criminal when he held the rider, Jordan Neely, in a chokehold as the two men struggled on the floor of a subway car on May 1, 2023.

The article goes on to quote Al Sharpton.

The Times’ characterization paints a picture of a violent and cruel end to a simple man’s life, the continuation of white-supremacy violence in a country founded on racist violence.

This is misleading, to say the least.

Daniel Penny, who is white, was charged with manslaughter and criminally negligent homicide for his involvement in the death of Jordan Neely, a 30-year-old homeless man who suffered from schizophrenia and drug addiction. On May 1, 2023, Neely, in a drug-induced state, acted erratically on a New York City subway, reportedly “charging” at fellow passengers and shouting, among other things, “I don’t care if I die,” “Kill me, lock me up,” “I want to hurt people,” and, “Someone is going to die today.” After he began shouting about people dying, Penny and two other passengers subdued Neely, with Penny, 26, applying a chokehold from behind.

Neely, who is black, was pronounced dead shortly after law-enforcement officials arrived on the scene. Penny was arrested later.

During the subsequent trial, a woman who witnessed the incident on the F train stated she felt threatened by Neely’s erratic and menacing behavior.

“There was a moment where I thought I was truly going to die,” the woman testified, describing Neely as having entered the train in soiled clothing. “He said, ‘I don’t care if I die. I don’t care if you die. Lock me up for life.’ Very, very, very aggressive threats.”

Another witness, a retiree, testified that nothing in three decades of riding the subway had ever “put fear into me like that.”

In a phone call to 911 at the time of the incident, a witness informed dispatchers that Neely, who had a lengthy criminal record, with 42 prior arrests for a range of offenses, including three assaults on women at subway stations between 2019 and 2021, was “trying to attack everybody.”

The Times’ coverage of the Penny verdict does not mention Neely’s criminal record. However, it does note that Neely was once a Michael Jackson impersonator. If you’re struggling to understand the editorial judgment that says Neely’s criminal past is irrelevant while his Michael Jackson cosplaying is not, you’re not alone.

It was after Neely had stated people were going to “die” that Penny and others restrained the homeless man.

Elsewhere, in police bodycam footage taken the day of the incident, yet another rider who witnessed the event said of Penny, “The guy in the tan did take him down like, very respectfully and just like held. He just held him. Yeah, yeah, He just held him. He didn’’t choke him.”

Penny was found not guilty of both charges by a jury of five men and seven women. To those with a fair perspective, this seemed like a just and reasonable outcome to a tragic and regrettable episode.

Yet, based on the New York Times news coverage of the decision, one would think the jury had just let a cold-blooded murderer walk free.

I guess that “context” the New York Times talks about so much is necessary only when it’s “Republicans pouncing” or something.