Why the Daniel Penny Defense Fund Became a National Flashpoint

Why the Daniel Penny Defense Fund Became a National Flashpoint

The subway doors closed. Within minutes, a life ended, a young man was in handcuffs, and the internet was already picking sides. This isn’t just about a legal battle in a New York City courtroom anymore. Honestly, the Daniel Penny defense fund has morphed into a massive cultural barometer, measuring exactly how different Americans view public safety, mental health, and the right to intervene when things get scary in a confined space.

It’s wild how fast it happened.

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Jordan Neely, a well-known Michael Jackson impersonator who struggled with homelessness and severe mental health issues, was acting erratically on an F train in Manhattan. Daniel Penny, a 24-year-old Marine veteran, put him in a chokehold. Neely died. The medical examiner ruled it a homicide. And then, the GiveSendGo page appeared. It didn't just raise a little bit of money; it shattered records for the platform. We are talking about millions of dollars flowing in from people who had never even met Penny but felt like his situation mirrored their own fears about urban life.

The Money Behind the Daniel Penny Defense Fund

Money talks. In this case, it screamed.

The Daniel Penny defense fund was hosted on GiveSendGo after other platforms traditionally shy away from high-profile, politically charged criminal cases. Most people don't realize that legal fees for a manslaughter charge in Manhattan aren't just expensive—they’re astronomical. You’ve got expert witnesses, private investigators, jury consultants, and a high-powered legal team led by Thomas Kenniff and Steven Raiser. These aren't the kind of lawyers you find on a bus bench advertisement.

The fund surged past $2 million relatively quickly. Why? Because the donors weren't just paying for a lawyer. They were sending a message. Many donors left comments saying they felt the "system" had failed both Neely and Penny long before they ever stepped onto that train. They saw Penny as a "Good Samaritan" who was being punished for doing what the city wouldn't: maintaining order.

Others, of course, saw the fund as a grotesque reward for vigilante violence. The disparity in reactions is basically the story of modern America.

People think a defense fund just sits in a bank account until a check is written to a lawyer. It’s way more complicated than that. A huge chunk of the Daniel Penny defense fund goes toward forensic analysis.

Think about the technicalities. The defense has to argue that Penny didn't intend to kill Neely, but rather to restrain him until police arrived. This requires experts in anatomy, respiratory distress, and toxicology. They have to look at Neely’s medical history and what was in his system at the time. It’s a grueling, expensive process of pulling apart seconds of video footage frame by frame.

The Role of Public Relations

There’s also the PR side. In a case this big, you can’t just win in the courtroom; you have to manage the narrative outside of it. The legal team has released produced videos of Penny telling his side of the story. That costs money. Professional lighting, editing, and distribution strategy are all part of the "defense" in 2026. If the jury pool is already convinced he’s a villain before they sit in those chairs, the trial is over before it starts.

The "Good Samaritan" vs. Vigilantism Debate

The crux of the legal argument, and the reason the Daniel Penny defense fund resonated with so many, is the New York self-defense law. Or more specifically, the defense of others.

Under New York Penal Law Section 35.15, a person may use physical force upon another person when they reasonably believe it to be necessary to defend themselves or a third person from what they believe to be the use or imminent use of unlawful physical force.

The word "reasonably" is doing a lot of heavy lifting there.

  • Was it reasonable to perceive Neely’s shouting as an imminent threat of physical force?
  • Was the amount of force used—a minutes-long chokehold—proportional to that threat?
  • Did Penny have a duty to let go the moment Neely stopped struggling?

The prosecution argues that Penny went way too far. They point out that Neely was hungry and thirsty, but unarmed. The defense argues that in a moving subway car, you can't wait for a knife to appear before you act. You have to make a split-second call. Penny’s supporters essentially crowdfunded the idea that "someone had to do something."

Why GiveSendGo and Not GoFundMe?

You might wonder why you didn't see the Daniel Penny defense fund on the most popular crowdfunding sites.

GoFundMe has strict "Terms of Service" regarding violent crimes. They’ve historically shut down fundraisers for people accused of certain types of crimes, even before a conviction. GiveSendGo, which brands itself as a "Christian crowdfunding site," has become the go-to alternative for "canceled" causes or defendants in polarizing cases. They’ve hosted funds for the Jan. 6th defendants and Kyle Rittenhouse. For Penny’s team, it was the only viable place to keep the money safe from being frozen or returned.

The Shadow of the Jordan Neely Legacy

It’s impossible to talk about the defense fund without talking about what happened to the money on the other side.

Jordan Neely’s family also had fundraisers. They had a completely different mountain to climb: funeral costs and the pursuit of "justice" from a civil perspective. The contrast in the amounts raised is often cited by activists as proof of systemic bias. One man becomes a millionaire for a "hero" narrative, while the victim's family struggles to cover the burial.

But it’s not just about race or class. It’s about the total collapse of the mental health safety net. Neely had been on the "Top 50" list of homeless individuals in NYC who needed urgent intervention. He had been failed by dozens of agencies over a decade. The fact that he was on that train, in that state of mind, is a failure of the city. Penny being the one to "deal with it" is just the final, tragic chapter of that failure.

High-Profile Supporters and Political Weight

Politicians didn't stay quiet. Florida Governor Ron DeSantis and several Republican lawmakers threw their weight behind the Daniel Penny defense fund. They used it as a talking point about "lawless" blue cities where criminals are protected and "heroes" are prosecuted.

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On the flip side, New York officials like AOC were vocal about the "murder" of a man in crisis. This political tug-of-war is exactly why the fund grew so large. Every time a politician tweeted about it, another wave of $25 and $50 donations hit the GiveSendGo page. It became a way for people in Texas or Florida to vote on how New York City should handle its subway system.

Breaking Down the Costs

If you think $2 million is a lot, look at the breakdown of a top-tier criminal defense in NYC:

  • Retainers for two lead partners: $250k - $500k.
  • Expert witnesses (medical, tactical, psychological): $5k - $10k per day.
  • Trial prep and discovery review (thousands of hours of footage/documents): $200k+.
  • Jury selection consultants: $50k.

Basically, that money disappears fast.

The Reality of the "Chokehold" Training

One of the biggest misconceptions the defense has to fight is that Penny was "trained to kill" as a Marine.

Marines are trained in the Marine Corps Martial Arts Program (MCMAP). They learn "non-lethal" ways to subdue people. Penny’s defense will likely argue that he used his training to minimize harm, not cause it. They’ll say he was trying to keep Neely restrained until the cops arrived at the next station. But the prosecution will counter that any Marine knows a chokehold held for that long is lethal. This "training" is a double-edged sword in front of a jury.

Moving Forward: What Happens to the Surplus?

There is a lot of talk about what happens if Daniel Penny is acquitted and there is money left over.

Usually, these funds are set up as trusts or under specific legal agreements. The money is meant for "legal defense and related expenses." If he’s found not guilty, some of that money might go toward civil lawsuits, which are almost certainly coming from the Neely family. If there's still money after that? It usually stays with the defendant, though some choose to donate it to charity to avoid the appearance of "profiting" from a tragedy.

Realities for New York Commuters

The reason this case hasn't faded away is that every New Yorker who takes the subway sees a version of Jordan Neely every week.

They see the person screaming at the air. They see the person sleeping across three seats. They feel that spike of adrenaline and the "fight or flight" response. The Daniel Penny defense fund is fueled by that specific anxiety. It's the "there but for the grace of God go I" feeling—both for those who fear being a victim of a crime and those who fear being arrested for trying to stop one.


Actionable Steps for Staying Informed

If you are following this case, don't just look at the headlines. The trial transcripts are where the real story lives. Here is how to keep a clear head as the legal process unfolds:

  • Check the Court Calendar: High-profile cases in the NY Supreme Court are public. You can track motion dates and hearing schedules through the New York State Unified Court System website.
  • Read the Actual Indictment: Don't rely on a summary. The specific charges (Manslaughter in the Second Degree and Criminally Negligent Homicide) have very different legal "elements" that the prosecution must prove.
  • Look at the GiveSendGo Updates: The legal team often posts updates on how the Daniel Penny defense fund is being utilized. It provides a window into their strategy—whether they are hiring new experts or filing specific motions.
  • Diversify Your News Intake: If you only watch one network, you are getting half the story. Read the local NYC "beat" reporters who are actually sitting in the courtroom every day. They see the jury's reactions and the judge's body language, which a camera can't catch.
  • Understand the Civil Side: Even if the criminal trial ends in an acquittal, the civil trial is a different beast with a lower "preponderance of the evidence" burden of proof. That is where the defense fund might actually be most needed in the long run.