Daniel Penny’s lead attorney called the deadly stabbing of a Ukrainian refugee on a Charlotte light-rail train “disheartening” and said the killing highlighted what he described as the consequences of policies that allow repeat offenders with mental-health histories to remain on the streets.
Thomas Kenniff, who represented the former Marine in the Manhattan subway death of Jordan Neely, made the comments this week after prosecutors announced charges in the August slaying of Iryna Zarutska. Kenniff, of Raiser, Kenniff and Lonstein, said he and others had hoped Penny’s recent acquittal would mark a shift in how bystanders and good Samaritans are treated under the law.
"Honestly, it’s disheartening because we were obviously ecstatic to get an acquittal for Danny," Kenniff said. "But we also hoped and I think society hoped, that we were turning a corner. And we’d say enough is enough." He faulted what he called progressive criminal-justice policies and prosecutors who, he said, have a chilling effect on would-be helpers.
Zarutska, who came to the United States to flee the Russian invasion of Ukraine, was fatally stabbed while commuting home from work in August, authorities said. The alleged attacker, identified in media reports as Decarlos Brown Jr., is described by his family and court filings as a homeless man with schizophrenia who believed Zarutska was "reading his mind." Brown has been charged in state and federal court in connection with the killing.
Publicly released surveillance footage of the incident shows Brown seated behind Zarutska before the attack. Passengers on the train were shown in other footage as initially in shock and slow to respond as Zarutska bled out, according to accounts of the video.
Kenniff contrasted Brown’s criminal history with Penny’s recent legal experience. He said Brown had 14 prior arrests and was out on cashless bail — released on a written promise to appear — at the time of the Charlotte killing. The attorney noted that Penny, who served in the Marines and had no criminal record, was required to post a six-figure bond, surrender travel privileges and pause his college studies in the months he faced manslaughter and negligent homicide charges after placing Neely in a chokehold on a New York City subway in May 2023.
"You see this guy, 14 prior arrests, involuntary commitments by his own mother, warrants, stints in jail and he’s released on his own signature to promise to come back to court," Kenniff said. "You juxtapose that with my client and he is someone who served his country, had no record, a full-time college student and he was forced to post a six-figure bond, have his travel restricted and defer his academic career for two years." He added that the Charlotte case, in his view, should settle questions about what Penny could have done differently on the subway.
Penny was acquitted earlier this year by a Manhattan jury in the death of Neely, a man who had been living on the streets and suffering from mental-health problems when he threatened riders on an F train. Prosecutors had said Penny used excessive force; the jury convicted on neither charge. Penny still faces a wrongful-death civil lawsuit brought by Neely’s family.
Court records and local reporting indicate that Brown had a string of prior encounters with law enforcement, and that a magistrate judge granted him release on a written promise at a January hearing despite details of the defendant’s prior arrests and involuntary commitments being presented. Kenniff pointed to that decision as evidence that repeat offenders were being allowed on the streets.
Defense attorneys and public-safety advocates have debated how bystander intervention, police response and bail and mental-health policies intersect in cases involving people in crisis. Kenniff said prosecutors who pursue cases against people who intervene could discourage others from helping in dangerous situations for fear of legal consequences.
Authorities in Charlotte continue to investigate the circumstances of Zarutska’s death as charges proceed. Prosecutors have not yet released a full timeline of the former refugee’s final commute, and officials urged anyone with additional information or footage of the incident to come forward.
The two cases have renewed discussions in legal and political circles about how to balance public safety, mental-health treatment and accountability. Kenniff framed the Charlotte killing as evidence that existing policies remain inadequate to prevent violent acts, while others have pointed to the need for expanded crisis response and mental-health services to reduce encounters that can end in tragedy.
As criminal proceedings continue in both jurisdictions, the killings have prompted calls from some elected officials and advocates for reforms to how courts and service systems manage repeat offenders with mental-health disorders. Prosecutors and judges in different jurisdictions have yet to reach a consensus on how to apply reforms while ensuring public safety, and the debate is likely to continue as both high-profile cases move through legal channels.