Why the Daniel Penny GoFundMe Controversy Still Matters Today

Why the Daniel Penny GoFundMe Controversy Still Matters Today

When you step onto a New York City subway, there’s a certain unwritten contract you sign. Mind your business. Keep your head down. Don’t make eye contact. But on May 1, 2023, that contract was shredded on an F train in Manhattan. By now, everyone knows the names: Daniel Penny, the 24-year-old Marine veteran, and Jordan Neely, the unhoused street performer whose life ended on that subway floor.

The aftermath wasn't just a court case. It was a cultural explosion. And at the center of that explosion sat a massive pile of cash. If you search for the Daniel Penny GoFundMe, you’ll actually find a bit of a digital ghost hunt. Why? Because the multimillion-dollar campaign that fueled his high-profile legal battle didn't actually happen on GoFundMe.

The Crowdfunding Pivot That Changed Everything

Honestly, it’s a common mistake. People use "GoFundMe" as a verb for "raising money online" these days. Sorta like saying "Xerox" for a photocopy. But when Penny’s legal team, Raiser & Kenniff, went to set up a defense fund, they didn't head to the green-branded giant. They went to GiveSendGo.

This wasn't a random choice. GoFundMe has a pretty strict policy. They generally don’t allow fundraisers for the legal defense of people accused of violent crimes. We saw this play out with Kyle Rittenhouse years ago. GiveSendGo, on the other hand, bills itself as a "Christian crowdfunding site" and has much looser restrictions on these types of cases.

The money didn't just trickle in. It poured. Within days, the total surged past $1 million. Then $2 million. By the time the smoke cleared, more than 50,000 donors had chipped in, pushing the total north of $3 million.

Who Was Actually Footing the Bill?

You might think a legal fund like this is just a bunch of anonymous $20 donations. While there were thousands of those, some heavy hitters jumped in to make a point.

  1. Tim Pool: The podcaster dropped a cool $20,000 early on.
  2. Vivek Ramaswamy: Before his presidential run ramped up, he put $10,000 into the pot.
  3. Kid Rock: The musician donated $5,000, accompanied by a very blunt message for the Manhattan District Attorney.

Then you had the political signal fire. Florida Governor Ron DeSantis tweeted the link, calling Penny a "Good Samaritan." That single tweet acted like a nitrous boost for the campaign. It turned a local New York tragedy into a national referendum on self-defense, urban crime, and whether the system protects the "hero" or the "victim."

What Really Happened in the Courtroom?

Fast forward to December 2024. The trial was a circus. Protesters outside were literally screaming "murderer" loud enough that the defense argued the jury could hear them through the courthouse walls.

The prosecution’s argument was straightforward: Penny used lethal force against a man who was shouting but hadn't actually touched anyone. They argued he held the chokehold for about six minutes—way too long, even if you thought you were doing the right thing.

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The defense team, paid for by that massive GiveSendGo/Daniel Penny GoFundMe surrogate fund, brought in their own experts. They argued Neely didn't die from the chokehold alone. They pointed to synthetic marijuana (K2) in his system and a pre-existing heart condition. They painted Penny as a protector who did what the city’s failed mental health system wouldn't.

On December 9, 2024, the jury delivered their verdict.
Not guilty. They cleared him of criminally negligent homicide after the judge had already dismissed the more serious manslaughter charge because the jury was deadlocked. Penny walked out a free man. Neely’s family walked out in tears.

Where Did the Extra Money Go?

Here is the part that people kinda forget to check up on. The fundraiser description was very specific. It stated that any funds exceeding the legal costs would be donated to a "mental health advocacy program in New York City."

With over $3 million raised, and even with the most expensive New York lawyers charging premium rates for a weeks-long trial, there is almost certainly a significant surplus. There hasn't been a public, itemized receipt of where every dollar went yet, but the intent was to address the very issue—mental health—that many believe led to Neely’s presence on that train in the first place.

Why This Case Still Sticks in Our Throats

It’s about more than just a subway ride. It’s about the "two New Yorks."

One New York sees a veteran who saw a threat and took action because he felt the authorities wouldn't. They see the $3 million raised as a "thank you" for not looking away.

The other New York sees a Black man in a mental health crisis who needed a sandwich and a doctor, not a fatal chokehold. They see that same $3 million as a bounty on the lives of the marginalized.

The reality? It’s messy. Jordan Neely had been arrested more than 40 times. He was on the city’s "Top 50" list of homeless individuals most in need of help. He was a human being who fell through every single crack in the sidewalk. Daniel Penny was a young man who thought he was being a hero and ended up taking a life.

Actionable Insights: What You Should Know Now

If you're following the legacy of the Daniel Penny GoFundMe and the legal fallout, keep these points in mind:

  • Crowdfunding is the new "Third Branch" of the Law: In high-profile cases, the side that can "go viral" can afford a level of expert testimony and private investigation that a public defender simply cannot match. This creates a massive disparity in how "justice" is served based on political popularity.
  • Watch the Civil Suits: Just because Penny was acquitted in criminal court doesn't mean it's over. Jordan Neely’s father filed a wrongful death lawsuit. Civil trials have a lower burden of proof (preponderance of evidence vs. beyond a reasonable doubt). That legal fund might still be very busy in 2026.
  • Subway Policy Changes: Since this incident, there has been a massive push for more "Subway Co-Response Teams" (clinicians plus cops). If you live in NYC, keep an eye on how your tax dollars are being shifted toward these "M-Teams" to prevent another F-train tragedy.
  • The GiveSendGo Precedent: This case solidified GiveSendGo as the "alternative" for controversial legal funding. Expect to see more high-profile defendants bypass GoFundMe entirely in the future.

The money is mostly spent, and the trial is technically over, but the conversation about who gets to be a "protector" in America is just getting started.