Several Queens politicians issued statements following the acquittal of Daniel Penny Monday, with comments from the likes of Astoria Council Member Tiffany Cabán generating enormous controversy.
Cabán, in the wake of Penny being found not guilty in the May 2023 chokehold death of Jordan Neely, posted a statement to X that drew more than 2,600 responses, with even Elon Musk weighing in.
“Jordan Neely deserved better than the systems that allow for, and justify, extrajudicial white supremacist violence against black people,” Cabán wrote on X.
Cabán said Neely “deserved better” than to be denied access to stable housing and health care, adding that Neely had been “dehumanized” as a result. Cabán also accused Penny of carrying out “extrajudicial” violence against Neely and described Neely’s death as a “lynching.”
“Everything that led up to and followed the lynching of Jordan Neely on a New York City subway train by Daniel Penny could and should have been prevented,” Cabán wrote.
She also said New York’s criminal legal system was “never designed” to provide true accountability.
A number of X users responded angrily to her post, with several users pointing to a New York Times article from May 2023 stating that Neely was admitted into a treatment facility in the Bronx as part of a plea deal from a previous offense. As a result, Cabán’s post subsequently received a Community Note, a feature that allows X users to add context to a potentially misleading post.
Other elected officials on both sides of the political divide also issued statements in response to Penny’s acquittal Monday, with several politicians blaming Neely’s death on the city’s mental health facilities.
Those in favor of the verdict labeled Penny a “hero” for stepping in and protecting passengers, while those against the acquittal said Penny had used excessive force in subduing Neely. However, both those in favor and against Monday’s verdict stated that Neely’s death could have been avoided if he had access to necessary mental health care.
Assembly Member Zohran Mamdani, representing Astoria and parts of Long Island City, described Neely’s death as a tragedy and said the incident was the result of a lack of stable housing and consistent mental health care, adding that Monday’s verdict was “not justice.”
“Today’s verdict was not justice – nor was his killer a hero,” Mamdani said in a post on social media on Monday. “Rather, this tragedy lays bare decades of policy failure that can no longer be tolerated.”
Mamdani said the city needs to “dramatically” expand peer-based crisis intervention for New Yorkers in severe distress and increase access to ongoing preventative mental health services and shelters.
“New Yorkers deserve safety and support, not violence and neglect,” Mamdani wrote. “My thoughts are with Jordan Neely’s family and loved ones.”
More than 1,400 people responded to Mamdani’s post on X.
State Sen. James Sanders Jr., a black veteran of the US Marine Corps representing parts of Jamaica and the Rockaways, said Penny’s acquittal was a “tragic conclusion” to a heartbreaking series of events.
“From the start, this situation has been a profound tragedy, highlighting the urgent need for our city, state, and federal governments to get serious about addressing mental health,” Sanders said in a statement.
Sanders said Neely’s death would have been avoided if he had received proper care and support, adding that the city’s failure to adequately fund and prioritize mental health services has left many vulnerable people without access to the help they need.
Sanders added that Penny should have released Neely from the chokehold when it became clear that he was not a threat.
“Daniel Penny acted as he was trained as a Marine, responding to a perceived threat. However, he should have released Neely when it became clear the train was evacuated and the threat had passed,” Sanders said.
He said Neely’s death underscored the importance of using de-escalation and intervention strategies in lockstep with improving the system of care for those struggling with mental health challenges.
“It is time for real change, ensuring that both mental health crises and public safety are addressed with the compassion, resources, and accountability they deserve.”
On the other side of the political divide, Council Member Vickie Paladino, who represents northeast Queens, commended the jury for reaching “exactly the correct verdict” and sending a message to Manhattan District Attorney Alvin Bragg. Paladino also called for Bragg to resign for bringing the case to trial.
“Bragg can save himself a lot of embarrassment and legal peril by resigning now,” Paladino wrote. “We’ve had enough, and investigations will be coming.”
The jury reached exactly the correct verdict, but more importantly they sent a message to Alvin Bragg, ADA Dafna Yoren, and progressive Soros-funded DA’s across the country — we’re not going to stand for your crap anymore.
Daniel Penny is a hero who acted to protect the lives… https://t.co/3As4KOaEKA
— Councilwoman Vickie Paladino (@VickieforNYC) December 9, 2024
Paladino described Penny as a “hero” who acted to protect the lives of his fellow passengers. She said the situation was tragic, but not of Penny’s making.
However, Paladino also said Neely’s death was the result of a system failure in New York. She said Neely should have never been on the street and said a “humane” society would have ensured that he received mental health treatment. She also said a “civilized” society would have placed Neely in prison after he was convicted of earlier offenses.
“Our society did neither,” Paladino wrote. “Instead, we allowed him to languish on our streets, worsening his condition, turning him desperate, drug-addled, and violent.”
Paladino said Neely’s confrontation with Penny was the “inevitable conclusion” of years of progressive detachment from reality, adding that New York progressives turned on Penny for “embarrassing the system they created.”
Council Member Robert Holden, who represents Ridgewood and nearby areas, described Monday’s acquittal as “good news” for New York City, stating that justice had been done.
“Justice has been served for a US Marine who bravely stepped up to protect fellow New Yorkers during a moment of danger,” Holden wrote on Instagram.
Holden also said Neely’s death highlighted the need to focus on real solutions to mental health issues in the city to prevent future tragedies from taking place.
