According to Penny, his actions were in self-defense, aiming to protect himself and his fellow passengers. He claimed that Neely had threatened him, shouting, “I’m gonna kill you” and expressing his willingness to face severe consequences.
A freelance journalist who captured the encounter on video said that while Neely exhibited aggressive behavior, he had not yet physically assaulted anyone.
The fact that Neely was Black, and Penny is white, adds a dimension of racial dynamics to the incident.
The tragedy sparked public outrage and led to demonstrations. But Penny also has some supporters.
Subway case
This case raises challenging questions about personal safety, the appropriate use of force, and the responsibility of individuals in tense situations.
Following his initial arraignment on May 12, Penny was released on a $100,000 bond.
However, he will need to return to court to be arraigned on the newly issued indictment. Prosecutors pursued a grand jury indictment to fulfill the legal requirements of New York law and proceed with the case.
