Manhattan Prosecutor’s Past Case Shows Reduced Sentence for Killer; Now Pushing for Daniel Penny Conviction!
The Manhattan prosecutor, who recently pushed for Daniel Penny’s conviction in the subway chokehold death of Jordan Neely, has a record of negotiating reduced sentences.
This includes a controversial case in 2018, where she helped a killer avoid a lengthy prison term. Matthew Lee, 57, was involved in the brutal mugging of 87-year-old professor Young Kun Kim. Lee attacked Kim from behind, stealing money the elderly man had just withdrawn from an ATM on the Upper West Side.
During the struggle, Kim fell and hit his head, which caused fatal brain bleeding. Lee fled with $300 before he was captured by the police.
Initially, Lee was facing a sentence of 25 years to life in prison for murder. However, the prosecutor, Dafna Yoran, was able to reduce the sentence to just 10 years after Lee took part in a restorative justice program.
This program, introduced by former Manhattan District Attorney Cy Vance Jr., aims to give victims and their families the chance to engage with the person who harmed them.
This program was a first for the Manhattan District Attorney’s office, as it had never been used in a homicide case before. Lee met the victim’s son in a mediated session as part of his plea deal before his sentencing in December 2019.
Now, Yoran is leading the case against Daniel Penny, a Marine veteran who is accused of causing the death of Jordan Neely on a crowded subway in May 2023. Penny, 26, faces up to 15 years in prison if convicted of manslaughter.
The case has gained widespread attention, and 12 jurors — seven women and five men — have been hearing testimony from more than 40 witnesses during the trial. These witnesses describe Neely’s erratic behavior on the subway before Penny intervened.
Yoran argued that Penny used excessive force in restraining Neely, a mentally ill, homeless man, in a chokehold for several minutes.
She claimed that Penny’s actions were reckless and prolonged the distress Neely was experiencing, ultimately leading to his death.
“What’s tragic about this case is that even though the defendant may have started by trying to help, he ignored clear signs that Neely was in severe distress,” Yoran told the jury. “He continued to choke him, and that decision cost Neely his life.”
Penny’s defense team, however, insists that his actions were justified. They argue that Penny was protecting the passengers on the subway, as Neely had been threatening people before the incident.
If the jury finds Penny not guilty of manslaughter but guilty of criminally negligent homicide, he could face up to four years in prison.
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