Yoran said the DA’s office was worried that the defense attorneys might try to get witnesses to assess whether Penny’s actions on the subway were appropriate. Yoran mentioned the terms “good Samaritan” and “hero” as labels that witnesses shouldn’t be allowed to use to describe Penny, because she said they’re subjective opinions.

Marine vet Daniel Penny is accused of recklessly administering a chokehold against Neely in a NYC subway car, leading to his death in May 2023.