Daniel Penny is going to be convicted and sent to the statutory maximum prison time. (The charges actually have the option of probation-only even if convicted, not going to happen.)

There's a police interview footage of Daniel Penny being a dumbass. He thought the police were there to congratulate him for restraining a dangerous criminal, when they actually were interrogating him for a prosecution. DON'T TALK TO THE POLICE!

He admitted that he restrained Jordan Neely preemptively, before he had actually touched or assaulted anyone else. That's why he's getting convicted. If Jorden Neely had thrown the first punch or already assaulted someone, it would be an easy acquittal. Unfortunately for NYC, crazy person screaming threats on the subway is frequent. There are about 50x crazy person screaming for every time I saw actual violence.