Prosecutor In Daniel Penny Case Sought Light Sentence For Criminal Who Killed An Elderly Professor

This stems from her starkly different handling of two high-profile cases: her aggressive prosecution of Penny, a white Marine veteran, and her push for a reduced sentence under "restorative justice" for Matthew Lee, a black man convicted of killing an 87-year-old Korean American professor during a robbery.

Penny is currently on trial for manslaughter after his chokehold on Jordan Neely resulted in Neely’s death. Even though Neely was threatening to kill people before Penny subdued him, and the fact that Neely was still alive when police arrived on the scene and chose not to provide aid, Yoran has framed Penny's actions as a failure to see Neely's "humanity," and her prosecution team has tried to use "racism" to make their case.

On Monday, during opening arguments, Yoran and her colleagues repeatedly referred to Penny not by name but as “the white man,” a label also adopted by a witness who testified. This drew criticism for its potential to bias the jury. Penny’s defense attorney, Thomas Kenniff, swiftly addressed the issue during cross-examination, reminding the court that Penny had a name and requesting that he and Neely be referred to as “Danny” and “Jordan,” respectively.

Critics have pointed out that Yoran’s approach to Penny’s case contrasts sharply with her handling of Matthew Lee’s prosecution in 2020. Lee, who killed Dr. Young Kun Kim during a robbery at a Manhattan ATM, was charged with manslaughter instead of felony murder under a policy introduced by then-District Attorney Cyrus Vance Jr. Yoran supported the reduced charge, citing an opportunity for a “transformative outcome” through "restorative justice." Lee ultimately received a sentence of 10 years and will be eligible for parole in 2026.

Dr. Kim’s family expressed forgiveness at Lee’s sentencing, but critics of the decision, including defense attorney Louis Gelormino, argued that it epitomized New York City’s “soft-on-crime” policies. The reduced charge sparked outrage, with some suggesting it undervalued the life of an elderly immigrant who had survived the Korean War.

The contrast between these cases strongly suggests that Yoran’s aggressive pursuit of Penny reflects prejudice against him for being white. Penny’s supporters argue that his actions stemmed from a desire to protect others on a subway where Neely had been behaving erratically and making violent threats. Meanwhile, Yoran’s approach to Lee’s case, despite its violent nature, was lenient.

The trial's outcome could have significant implications for New York City’s justice system and public perceptions of fairness under DA Alvin Bragg’s administration. For now, Penny’s fate rests with the jury, but the contrasting approaches in his and Lee’s cases have intensified discussions about whether justice is being applied equally—or politically.

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