Alvin Bragg Blasted For Handling Of Daniel Penny Case

Manhattan District Attorney Alvin Bragg is under fire for what critics say was a deliberate attempt to overcharge Daniel Penny in the death of Jordan Neely. Former US Assistant Attorney Andy McCarthy has accused Bragg of manipulating the jury by including a recklessness charge unsupported by the evidence.

The manslaughter charge was dismissed after the jury failed to reach a verdict, leaving them to consider only a criminally negligent homicide charge. McCarthy argued in National Review that Bragg’s team added the manslaughter count to pressure jurors into convicting Penny. “Bragg added a baseless recklessness charge so the jury would have two counts, increasing the odds of conviction,” McCarthy wrote.

On Fox News, McCarthy criticized the prosecution for asking the judge to remove the top charge after the jury’s deadlock, calling it an attempt to salvage a case that lacked sufficient evidence. “The jurors have been Allen-charged to try to strong-arm them into deciding,” he said.

The trial highlighted the distinction between recklessness and negligence. Manslaughter requires a wanton disregard for the risk of death, while negligence involves failure to exercise care. Defense testimony revealed Penny acted to protect subway passengers and attempted to ensure Neely could breathe after restraining him.

McCarthy noted Penny cooperated fully with law enforcement and did not intend harm. “He explained what happened and wasn’t trying to hurt Neely, just subdue him,” McCarthy said. Testimony also revealed Neely was under the influence of drugs and behaving erratically when Penny intervened.

A deadlock on the remaining charge could result in a mistrial, with the possibility of the case being retried. Critics argue Bragg’s handling of the case raises concerns about prosecutorial fairness and motives.

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