European Witnesses Refuse to Cooperate in Daniel Penny Manslaughter Case

Two European eyewitnesses to the subway altercation involving Daniel Penny have declined to cooperate with prosecutors, raising questions about the strength of the case against the Marine veteran. Penny is accused of manslaughter in the death of Jordan Neely, a homeless man who was threatening subway riders.

Two European eyewitnesses to the May 2023 subway altercation that left Jordan Neely dead have declined to cooperate with prosecutors from Manhattan District Attorney Alvin Bragg's office, according to a local report. The witnesses, who have spoken with investigators on conference calls, have refused to turn over video of the incident or provide testimony.

Daniel Penny, a US Marine veteran, is scheduled to go to trial next month on manslaughter charges in Neely's death. The foreign witnesses have reportedly told Penny's lawyers that their testimony would be "incredibly favorable to the defense."

European Witnesses Refuse to Cooperate in Daniel Penny Manslaughter Case

Penny's attorneys have declined to comment on the proceedings but were quoted in the transcript saying the European couple's testimony would be "incredibly favorable to the defense." Representatives for Bragg's office have not responded to requests for comment.

The witnesses' refusal to cooperate raises questions about the strength of the case against Penny. Prosecutors said in June 2023 that they had already obtained five eyewitness videos of the encounter and surveillance video they planned to introduce as evidence.

European Witnesses Refuse to Cooperate in Daniel Penny Manslaughter Case

However, a former federal prosecutor said that there is little Penny's defense team can do to compel the foreign witnesses to turn over evidence or testify in court. International treaties allow for international service, but practically speaking, no judge can force foreign witnesses to comply with an American subpoena.

Penny's lawyers will have to rely on witnesses who have actually provided evidence to law enforcement and prosecutors and who live in the state and can be compelled to testify by the judge even if they don't want to.

European Witnesses Refuse to Cooperate in Daniel Penny Manslaughter Case

Critics of Bragg's decision to prosecute Penny have called the move political and believe that the veteran acted in self-defense and to protect other passengers. Penny has said that Neely had threatened to kill someone and that he intervened to prevent further harm.

Penny, who spoke with police voluntarily 11 days before Bragg's office brought charges, faces up to 19 years in prison if convicted. His next court hearing is scheduled for Oct. 3.

European Witnesses Refuse to Cooperate in Daniel Penny Manslaughter Case

The case has sparked debate about the use of force by civilians in self-defense situations and the role of prosecutors in deciding whether to pursue charges.