Manhattan District Attorney Alvin Bragg is facing accusations of manipulating the judicial process in the high-profile case of Daniel Penny, who was charged in the death of Jordan Neely. Critics, including former US Assistant Attorney Andy McCarthy, have accused Bragg’s team of overcharging Penny to pressure a jury into convicting him.

After the jury deadlocked on a manslaughter charge, the judge dismissed that count, leaving jurors to deliberate on a lesser charge of criminally negligent homicide. McCarthy argued in National Review that the added manslaughter charge was a strategic move to push the jury toward a compromise verdict. “Bragg added a baseless recklessness charge to the indictment so the jury would have two counts,” he wrote, claiming the evidence did not support the elements needed for such a charge.

HOLY HELL!!! This body cam footage should’ve been released on day 1 exposing how Daniel Penny saved everyone on that subway! I hope Penny sues Alvin Bragg and the entire city of New York! pic.twitter.com/IdYYN582ne

— Jessica 🇺🇸 (@RealJessica05) November 9, 2024

McCarthy also spoke on Fox News, criticizing the prosecution for what he described as undue pressure on the jury. “The jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked,” he said.

The case hinges on the difference between recklessness and negligence. Manslaughter requires proof of recklessly causing another’s death, while negligent homicide involves blameworthy behavior without regard for risk. Testimony revealed that Neely, who was reportedly under the influence of drugs, became threatening on the subway before Penny restrained him with a chokehold. Penny’s defense maintained he acted to protect passengers and cooperated fully with law enforcement.

BREAKING: bombshell bodycam reveals that police detected a pulse on Jordan Neely after he was put in a chokehold by Daniel Penny.

At the behest of BLM who called it a racist killing, Soros-funded D.A. Alvin Bragg is falsely prosecuting Penny for manslaughter.

Penny is innocent. pic.twitter.com/0fxy5xtZ9x

— Dapper Detective (@Dapper_Det) November 1, 2024

McCarthy argued that the evidence showed Penny tried to ensure Neely could breathe and had no intent to harm him. “He wasn’t trying to hurt Neely, just subdue him until the police arrived,” McCarthy said, adding that Penny did not even know Neely had died when he spoke to officers.

1: Jordan Neely acted erratically, scaring subway passengers

2: Daniel Penny intervened to protect others, using a chokehold to restrain, not to k!ll

3: Police confirmed Neely had a pulse but failed to provide proper CPR, leading to his death

Daniel Penny is Hero!

Alvin Bragg pic.twitter.com/2zFL5lLkER

— Nafisa Diwan (@nafisadiwan1) December 7, 2024

If the jury remains deadlocked on the remaining charge, the case could end in a mistrial, allowing the prosecution the option to retry Penny. Critics contend Bragg’s tactics have undermined the fairness of the process, raising broader questions about the DA’s approach to high-stakes cases.