It was the first day of deliberation on the 3rd of December for the twelve jurors in the case of Daniel Penny, a former U.S. Marine accused of fatally choking Jordan Neely, a homeless man, on a subway train in May 2023. The jury concluded the day without reaching a verdict.
Daniel Penny, 26, faced trial for second-degree manslaughter and negligent homicide charges, to which he pleaded not guilty. The prosecution argued that Penny's actions were reckless and led to the death of the allegedly mentally ill Neely, 30. In contrast, Penny's lawyer, Steven Raiser, maintained that he intervened to protect fellow passengers who felt threatened by Neely’s erratic behavior.
Who is Steven Raiser, Daniel Penny's attorney?
Steven Raiser is a highly accomplished attorney and a founding partner at Raiser & Kenniff, PC, specializing in criminal defense and civil litigation. He is known for his extensive legal expertise and commitment to serving individuals and communities.
Career Highlights of Steven Raiser
Legal and social work background: Raiser worked as a counselor for troubled teens and led a social work program in Manhattan before practicing law. During law school, he managed services for individuals in Rikers Island’s Early Release Program.
Prosecutorial experience: As an Assistant District Attorney, he prosecuted high-profile criminal cases, including those involving rapper DMX and NHL player Sandis Ozolinsh.
Military service: Raiser joined the U.S. Army as a Judge Advocate General officer and served in Iraq. He trained Iraqi soldiers in legal systems and defended U.S. soldiers in military proceedings, earning several commendations for his service.
Public service: He represented the City of New York in child neglect cases and received awards for his contributions, including the New York State Bar Association’s Award for Excellence in Public Service.
Professional Accolades:
Steven Raiser is admitted to practice in New York, federal court (Eastern District), and the United States Supreme Court. He holds the AV Preeminent Rating from Martindale-Hubbell and a 'Superb' rating on Avvo, reflecting his professional excellence. Featured as a legal analyst on platforms like FOX, CNN, and Court TV, discussing high-profile legal matters.
Steven also mentors attorneys, leads a veterans’ political action committee, and supports low-income veterans through the Veterans’ Legal Assistance Project.
What plea did Steven Raiser make for Daniel Penny?
Raiser argued that his client stepped up to protect fellow subway passengers during a tense encounter with Jordan Neely, describing Penny as someone who:
“Who would you want on the next train with you? Danny acted when others didn’t. He put his life on the line. He did that for perfect strangers,”
Raiser asserted that Penny’s actions were driven by a sense of duty rather than malice. In defense, District Attorney Dafna Yoran argued that Daniel Penny's actions were excessive, maintaining a chokehold on Jordan Neely for six minutes—far beyond what could be justified as self-defense.
“We are here today because the defendant used way too much force, for way too long, in way too reckless of a manner,”
Dafna Yoran told jurors that Jordan Neely's death could have been avoided. She acknowledged that Daniel Penny’s initial decision to restrain Neely was reasonable, given that Neely was acting erratically and intimidating passengers, described by witnesses as behaving in an 'unhinged' manner.
However, the prosecutor argued that Daniel Penny crossed the line into criminal behavior by continuing to hold Neely in a chokehold even after most passengers had exited the train car. Penny allegedly maintained the hold for nearly a minute after Neely had lost consciousness, actions the prosecutor described as reckless and unnecessary.
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Penny now faces charges of manslaughter and criminally negligent homicide stemming from the incident, where his intervention resulted in Neely's death.
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