Retired New Jersey Superior Court Judge Andrew Napolitano told Newsmax that “the problem” with the Daniel Penny case lies in a New York law that prohibits personal defense in certain circumstances.
Marine veteran Penny, 26, is on trial in New York City for manslaughter after placing homeless man Jordan Neely, 30, in a deadly chokehold in a subway car in May 2023. Penny said he believed the man to be a threat and was trying to stop him before he hurt someone on the train.
“The problem with the case is the judge is going to tell the jury of this terrible law in New York called the duty to retreat,” Napolitano said Friday on “Wake Up America.” “You cannot manfully, in New York, defend yourself from an oncoming threat if there’s a clear path out of that threat and what would the clear path be? Go to another subway car.”
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