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Late Friday morning the members of the jury in the case against American hero Daniel Penny informed the court that they are struggling to reach a verdict — and that alone is a travesty.

The reality is that Penny, a Marine veteran, stepped up to protect innocent passengers on a New York City subway in May of 2023 when a belligerent, out-of-control thug, Jordan Neely, began taunting passengers that “I’m going to kill you,” “I’m prepared to go to jail for life,” and “I’m willing to die.” Notably, Neely had an active warrant out for an alleged assault in 2021 that involved him assaulting a woman on the subway, according to Fox News.

In the face of this threat, Penny did what any brave, decent American should do, he intervened and subdued Neely to protect the lives of everyone on that train.

One witness who described herself as a woman of color told Fox News in the aftermath that Penny was a “hero.”

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“I believe in my heart that [Penny] saved a lot of people that day that could have gotten hurt,” the witness told Fox News. “We were scared for our lives.”

Yet despite this, the left-wing Manhattan District Attorney’s Office, under the disastrous leadership of Alvin Bragg, charged Penny with one count of criminally negligent homicide and second-degree manslaughter.

And now, after hearing all the evidence, the jury is still “deadlocked” about what to do with the fate of a man who “saved a lot of people.” There is at least one individual, if not more, who believes Penny is guilty and should be thrown in jail.

But Penny isn’t a criminal. He’s the definition of a Good Samaritan. He acted swiftly to protect innocent passengers. He embodies the best America has to offer — a young man who doesn’t run from danger but runs toward it to protect others. And Penny isn’t the only New Yorker who has been willing to step in and protect fellow passengers from dangerous perpetrators. For example, Jordan Williams, a 20-year-old black man, defended his girlfriend and other subway passengers from a violent subway rider on a Queens subway in June of 2023. Williams had his charges dropped before a trial even began.

So why is Penny, who did the same thing, facing the possibility of over a decade in prison?

The very fact that this case was even brought is a stain on our “justice system.” But the real travesty is the jury’s inability to see through the politics of the case and see that Penny is a hero who was wrongly charged.

Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2