Daniel Penny Verdict Expected to Stimulate Self-Defense Debate in California

Daniel Penny Verdict Expected to Stimulate Self-Defense Debate in California

Daniel Penny Verdict Expected to Stimulate Self-Defense Debate in California


Daniel Penny’s New York City acquittal will likely serve as a new framework in California for legal discussions, courtroom strategies, and potential legislative debates about the nuances of self-defense in situations involving public confrontation and unarmed individuals.

Penny, a former marine, was cleared on Dec. 9 of criminally negligent homicide in the death of Jordan Neely who was allegedly acting erratically after boarding a Manhattan subway when Penny placed him in a chokehold.

The Penny verdict could prompt prosecutors and defense attorneys to reexamine how they present arguments regarding proportionality and necessity in cases involving deadly force,” criminal defense attorney Chris Walsh said.

Penny is 26 years while Neely was 30 at the time of his death in May 2023. Penny, who was in New York studying architecture, remains a free man after the jury could not unanimously convict Penny of manslaughter, which led the presiding judge to dismiss the charge.

Neama Rahmani

Attorney Neama Rahmani

The fact that at least some jurors were willing to convict on manslaughter leads to the conclusion that they didn’t unanimously believe Penny acted in self-defense,” Los Angeles-based West Coast Trial Lawyers president Neama Rahmani told OrangeCountyLawyers.com. “If the jury acquitted Penny because he was acting in self-defense, they believed that Neely posed a serious risk to Penny and others on the subway. It’s that simple.

Rahmani is also a former federal prosecutor.

Under California Penal Code § 198.5 and related statutes, individuals can claim self-defense if they reasonably believe they are in imminent danger of suffering bodily harm and the force used is proportional to the threat.

But Walsh, who practices law in the Sacramento region of California, believes the Penny verdict could prompt prosecutors and defense attorneys to reexamine how they present their deadly force arguments.

If Penny’s actions were found to exceed what was deemed reasonable, California juries might become more skeptical of self-defense claims in borderline cases,” Walsh told OrangeCountyLawyers.com.

While some witnesses said Neely was disruptive and had threatened subway riders, others did not corroborate those reports. The former Michael Jackson impersonator died of asphyxia also known as compression of the neck.

Chris Walsh attorney

Attorney Chris Walsh

I was surprised by how much the jury was influenced by external pressures,” Walsh said. “This verdict will be seen as a statement on broader issues even if the jury aimed to focus strictly on the law.” Broader issues include the fact that Neely was black and Penny is white.

Neely was also not in possession of a weapon, was allegedly homeless, had prior arrests, a history of mental illness and had ingested drugs before he encountered Penny.

While the legal outcome is specific to this case, its ripple effects on public perception and discourse about self-defense and the use of force are significant,” Walsh said.

There is no official “Stand Your Ground” Law in California

Unlike some states, California does not have an official stand your ground law. Instead, it follows the reasonable person standard. The reasonable person standard aims to determine if a person’s actions were reasonable or negligent.

The Penny verdict may influence how California juries evaluate what constitutes reasonable fear and proportionality in future cases especially when the alleged threat does not involve a weapon,” Walsh said.

Neely’s father, Andre Zachery has since filed a civil lawsuit against Penny alleging negligent contact, assault and battery of his deceased son.

What stands out most is how the jury had to reconcile Penny’s subjective perception of the threat with the objective legal standard of what constitutes reasonable fear and action,” Walsh added. “This distinction is big in self-defense cases and often determines the outcome.

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Photo: AI image generated via Grok

Juliette Fairley
Juliette Fairley

Juliette Fairley covers legal topics for various publications including the Southern California Record, the Epoch Times and Pacer Monitor-News. Prior to discovering she had an ease and facility for law, Juliette lived in Orange County and Los Angeles where she pursued acting in television and film.

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