The acquittal of Daniel Penney is a triumph of justice. He is a hero, not a criminal.

How thin is the line between a hero and a soldier? It is razor thin the trial of Daniel Penny showed

Penny is a white ex-Marine who, in May 2023, subjected black Jordan Neely to a six-minute chokehold on the New York subway. Neely died after the incident, and prosecutors charged Penny with his murder.

On Monday a the jury acquitted Penny in manslaughter. A second-degree manslaughter charge against Penny was dismissed Friday after a jury could not reach a verdict.

Reports of the fatal incident seemed to divide Americans over racial issues: a privileged white man versus a homeless black man.

But Penny’s case also touched on questions that have nothing to do with skin color: What level of threat are we willing to live with? Is it morally right for a bystander to use force to stop a threat?

To me, Penny is a hero who stepped in to protect people who couldn’t protect themselves. The jury was right to acquit him, and the fact that he was on trial at all is outrageous.

Metro passengers testify to “fear”

Perhaps Penny never thought he would be using the combat skills he learned in the Marines in a dangerous, chaotic confrontation on the F train in Manhattan. But he did it – and for that he was threatened with 15 years of imprisonment.

After Neely shouted that he was going to kill someonePenny put him in a suffocating rapture on the floor of the subway train. Other passengers called the law enforcement officers, who upon arrival began to perform cardiopulmonary resuscitation. Neely later died in hospital.

When questioned at the police station, Penny said he intended to subdue Neely, not harm him. But not long after Neely Penny’s death, charges were filed.

Mobile phone video and body camera provide a clear picture of what happened that day. During the strangulation, Penny is neither mean nor evil. He is focused and steady, clearly trying to contain the threat. Two men help him calm Neely down. The passengers later testified that they were relieved when Penny took the initiative to protect them.

Prosecutors did not argue that Penny committed the murder. They claimed that the throttle was being held gone “too far” violating “the law and human decency”.

The medical examiner ruled that Neely’s death was a direct result of strangulation (a finding disputed by the defense), and the prosecution tried to argue that good intentions gone bad had legal consequences.

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But the prosecutor’s case appeared weak throughout the trial. Despite overwhelming evidence, including video footage and eyewitness accounts, showing that Penny acted heroically, prosecutors still filed a case against him.

Other passengers on the F train that day testified that they felt genuine fear because of Neely’s erratic behavior. Witness said she remembers Neely yelling, “I don’t care. I will kill mother —-. I am ready to die.” She also testified in the affidavit that she was “less intimidated” by Neely’s actions and said she even thanked Penny for protecting her and the other passengers.

Another witness said he was “frightened” by Neely’s behavior and the mother told jurors she tried to protect her child while Neely – earlier arrested 42 timesincluding three arrests on charges of assaulting women on the subway – shouted threats.

Forensic pathologist Dr. Satish Chundru, defense witness, testified that Penny’s suffocation did not kill Neelybut instead the cause of death can be attributed to “the combined effects of sickle cell crisis, schizophrenia, struggle and restraint, and synthetic marijuana.”

Comrades of the marines testify that Penny, awarded the medal “For humanitarian service”. was a man of honor and duty.

The case against Penny never seemed to be about maintaining law and order. The New York Post editors lamented that “(District Attorney Alvin) Bragg’s decision to prosecute appears to be pure politics.”

Would you prefer a human or a bear?

As a single woman, I think about my safety every day. Penny’s case raises some difficult questions: What if the threat to my safety is uncertain but seems serious? What am I willing to do to protect myself or others from this threat?

In recent months, there has been a “debate” on social media about whether a woman alone in the woods would rather face a bear or a man. To the men’s shock, the women emphatically declared that they would choose a bear. These women claim that men, not bears, have a reputation for everything from unwanted intestines to rape and murder.

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However, the human vs. bear debate is based on a logical fallacy that demonizes humans and lumps them all together as predators. The subway incident involving Neely and Penny shows that sometimes it takes a good man to protect women (as well as men and children) from danger.

However, women must assess the risk-to-safety ratio every day when traveling, jogging around the neighborhood, or going to the store or school alone. There is even a threat of violence at home gender-based crime which is much more likely to threaten women than men.

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Penny stepped forward to protect the other passengers

When I first saw the subway car footage, I felt sad for Neely, but also relieved that people like Penny exist. I’ve been in dozens of situations where I’ve felt unsafe, and while my safety is my responsibility, there have been times when I’ve found myself looking for the nearest Daniel Penney.

Women would choose men over bears every time if we knew for sure that more good men were willing and able to stop bad men. I’d love to have a man like Penny on a train, bus, plane or at a bus stop on my commute any day.

Jordan Peterson said“A harmless person is not a good person. A good man is a very, very dangerous man who keeps it under voluntary control.’ That sounds like Penny to me.

The world needs more Daniel Pennys, not less. He should be hailed as a hero.

Nicole Russell is a columnist for USA TODAY. She lives in Texas with her four children. Sign up for her newsletter, The Right Trackand get it to your inbox..

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This article originally appeared on USA TODAY: The trial of Daniel Penney ended in the correct verdict: not guilty | Opinion