When New York City authorities charged Daniel Penny with second-degree manslaughter after placing fellow subway rider Jordan Neely in a deadly chokehold, his case quickly became a flashpoint in rightwing discourse on crime and vigilantism – and the broader culture war playing out in the US in advance of the 2024 election.
Penny, a white former Marine, soon raised more than $1m for his legal defense in the killing of Neely, an unhoused Black man. The sum now exceeds $2.5m.
Showing how his support largely comes from the US right, the financial drive is posted on GiveSendGo, a Christian fundraising website which has also hosted efforts for rightwing vigilante Kyle Rittenhouse and far-right groups and individuals, among them January 6 insurrectionists.
Numerous senior Republican politicians have joined the chorus of Penny’s defenders. Among them is Florida’s rightwing governor, Ron DeSantis, who touted Penny as a “Good Samaritan” who merited support in a Twitter post that also managed to invoke George Soros – a Holocaust survivor and funder of liberal causes whose name has become an antisemitic dog whistle.
“We must defeat the Soros-Funded DAs, stop the Left’s pro-criminal agenda, and take back the streets for law abiding citizens,” DeSantis, a likely Republican primary contender, ranted in his tweet. “We stand with Good Samaritans like Daniel Penny. Let’s show this Marine … America’s got his back.” DeSantis’s tweet also included a link to Penny’s fundraiser.
Vivek Ramaswamy, a businessman seeking the Republican presidential nomination, donated $10,000 to the Penny fundraiser. He retweeted his likely primary rival DeSantis, saying: “I agree with this. Just donated. More of us should. We must restore the rule of law in America.”
Ramaswamy, listing some of Neely’s past criminal offenses, said that he “never faced real justice for terrorizing New Yorkers” and blamed Manhattan district attorney Alvin Bragg.
The fatal encounter unfolded when Neely – who had struggled with homelessness and mental illness – walked on to a Manhattan subway train car shouting that he was tired, hungry and ready to die. A video recorded by a freelance journalist captured riders holding Neely against the floor.
Penny kept Neely in a chokehold long after Neely stopped moving and at least one rider implored him to release the man. Police officials found Neely unconscious, and he was pronounced dead at hospital. The city’s medical examiner deemed Neely’s death a homicide.
While police officers detained Penny and questioned him after the incident, they quickly released him, spurring public outcry and intense scrutiny over that decision.
Bragg later announced that Penny would be arraigned on a second-degree manslaughter charge and he surrendered to police on Friday. He appeared in court shortly thereafter and was released on $100,000 bail.
The Florida Republican congressman Matt Gaetz echoed similar pro-Penny sentiments. “‘Subway Superman’ Daniel Penny is a HERO,” Gaetz tweeted. “Today, I will personally be donating to his legal defense fund on GiveSendGo.”
Kid Rock, an American rap-rock musician who has become an adamant Donald Trump booster, was among Penny’s top supporters, donating $5,000. “Mr Penny is a hero. [Manhattan district attorney] Alvin Bragg is a POS. Kid Rock,” the singer, who rose to fame in the late 1990s with Bawitdaba, said in a message.
Charlie Kirk, who founded the powerful conservative student organization Turning Point USA, similarly issued a call to action. “Please consider supporting Daniel Penny’s legal fund against NYC’s unjust prosecution. Even if he’s acquitted of criminal charges, he’ll likely face a civil trial, so give what you can,” Kirk tweeted.
Jenna Ellis, an attorney who served as a senior adviser to Trump, said: “Support Daniel Penny!!” Her tweet included three American flag emojis.
Trump, the Republican presidential frontrunner who last week was found liable of sexual abuse, surprisingly did not offer concrete commentary on Penny. He did, however, demonize Neely while admitting he had seen no recording of the incident.
“Well, I think he was in great danger and the other people in the car were in great danger. I haven’t seen the tape,” Trump said in an interview with the Messenger that was published on Monday. “But I think he was in danger. And it sounded like the other people in the car were in danger. And it also looks like [Neely] was arrested over 40 times and had lots of problems.”
“So I haven’t seen the tapes. I won’t make a definitive [statement] but it looks to me like the people in that car were in great danger.”
Attorney Ron Kuby – who represented one of the Black teens whom white subway gunman Bernhard Goetz shot nearly four decades ago in an incident that also became a flashpoint in culture war discourse on crime and vigilantism, said the tenor of conversation around Neely wasn’t unique.
“When Bernard Goetz opened fire on four teenagers riding on a train he too became the celebrated everyman – every white man – who’s had enough by the right wing,” Kuby said. “It’s not new, and it’s not hard to explain. Your Penny is a white Marine, and his victim was a mentally ill, homeless … queer Black man. So that’s the agenda of white supremacy playing out right there.”
