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Daniel Penny explains in his own words why he kept Jordan Neely on the subway for so long

Daniel Penny explains in his own words why he kept Jordan Neely on the subway for so long



CNN

Speaking publicly for the first time since his acquittal, Daniel Penny said he held Jordan Neely in a subway car for more than five minutes last May because Neely was “extraordinarily strong” and Penny feared he would get up and attack him or someone else.

“Part of my concern was if I let him go and an oncoming train knocks someone onto the tracks as they flee,” Penny said in an interview with Fox News host Jeanine Pirro. “That’s one of the reasons I did what I did the way I did.”

Penny did not testify during his criminal trial. The Fox Nation interview marks the first time Penny has spoken publicly in detail about the event, and the venue made for friendly territory as Pirro thanked Penny for his actions.

The Marine veteran said in the interview that he was also concerned for his own safety.

“I’m on the ground with him, I’m on my back in a very vulnerable position,” he said. “If I had just let him go, I’m on my back now, he could have just rolled over and started doing what he said to me.”

“Kill,” Pirro said.

“Kill, hurt,” Penny replied.

During the trial, several witnesses testified that they heard Neely say he was willing to go to prison for life, but did not testify that they heard him say he would kill.

The interview came after Penny was acquitted by a jury of involuntary manslaughter in a case that raised questions about New York subway safety and self-defense.

A more serious charge of second-degree manslaughter was also filed against Penny, but Judge Maxwell Wiley dismissed the charge at the prosecution’s request after the jury twice told the court they could not reach a verdict on that charge. If convicted of manslaughter, he faces up to 15 years in prison.

The case stemmed from the death of Neely, a 30-year-old street performer who struggled with homelessness, mental illness and drugs. in a subway car on May 1, 2023.

The prosecution argued Penny went too far by putting Neely in a chokehold for so long, even after Neely stopped moving, while his defense said he acted to protect others from a threat and the questioned the coroner’s finding that Neely died from the chokehold.

He defended his actions in the Fox Nation interview and said he would do the same thing again.

“The guilt I would have felt if someone had gotten hurt, if they had done what they threatened, I would never be able to live with myself,” Penny said. “I will endure a million court appearances and people calling me names and people hating me just to keep one of these people from getting hurt or killed.”

In the interview, Penny said he was on his way to the gym from college classes at the New York City College of Technology, also known as City Tech, when Neely “stormed” onto the train, throwing away his jacket and screaming for food Alcohol and said he was willing to go to prison for life or hurt and kill people if he didn’t get it.

“It was unlike anything I’ve ever experienced,” Penny said. “I believed what he said.”



<p>CNN’s Zain Asher speaks with David Weinstein, a former state and federal prosecutor, about the acquittal of Daniel Penny in the subway chokehold death. </p>
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New York jury acquits Daniel Penny in subway chokehold death

He said he was nervous and scared and wondered what to do for about 15 seconds.

“Should I just wait? Should I take another car? Should I move away?” he said. “But I saw the looks of the mother, the schoolchildren, the other passengers – women, children. I felt that the threats were imminent and that something had to be done.”

Penny then grabbed Neely from behind in a chokehold and threw him to the ground. He said he hoped the train would arrive at the station and police would arrive and take control, but it took police several minutes to get there.

He said Neely “threw” and used the subway pole to escape the restraint. He described Neely as “extraordinarily strong” and therefore believed he was taking drugs.

Several other people helped hold Neely down, including a man who grabbed his arms. “He said, ‘You can let him go as soon as I grab him,’ (and) I said, ‘He’ll break out of there,’ even though I knew how strong he is.”

Other subway riders thanked him for his help, he said.

When asked if he felt the Neely family’s loss, he replied, “Of course.”

Immediately after his acquittal on Monday, Penny and his legal team went to a bar in Lower Manhattan, a bar employee told CNN by phone. There, Penny held a drink in one hand and gave a thumbs-up with his other hand in a posed photo with his attorneys, Thomas Kenniff and Steven Raiser, according to a photo taken by Kenniff.

The post-verdict celebrations underscore a fundamental fact about Penny’s future: The 26-year-old is now a free man.

His exact plans remain unclear. His lawyers did not respond to a CNN request for comment about his future.

While the criminal case against him has concluded, Penny still faces a civil lawsuit from Neely’s father, Andre Zachery, accusing Penny of assault, battery and causing Neely’s death. Zachery, who is listed as the executor of Neely’s estate, accused Penny of causing the death through “negligence, carelessness and recklessness.” The lawsuit does not specify how much money the family is seeking.

Kenniff, Penny’s defense attorney, did not respond to a request for comment on the lawsuit.

As for Penny’s life and career, he took college courses in engineering and architecture at City Tech. He also served as a sergeant in the Marines for four years, from 2017 to 2021, with his most recent deployment being at Camp Lejeune in North Carolina, according to military records.

After detaining Neely last May, Penny spoke to police and briefly chatted with a detective about his naval service and career plans.

“I’m at school. I’m using this GI bill,” Penny said, referring to the federal program that provides college education benefits to veterans. “But we’ll see. I miss the Marine Corps. I miss the camaraderie.”

Furthermore, the trial and debate over his conduct on the subway have made him a recognizable public figure and a political talking point – for better or worse.

“Certainly there are people in society who look down on his actions and actions, but I also think there are people who are sympathetic to him because of his actions,” CNN legal analyst Joey Jackson said.

Penny’s controversial approach to handcuffing Neely made him the target of protests outside the court throughout the trial. The acquittal verdict sparked further emotions Monday: Neely’s father was escorted from the courtroom after the verdict was read after an audible outburst of profanity, and Hawk Newsome, a co-founder of Black Lives Matter of Greater New York, yelled “Small world, buddy.” he said to Penny as he was led out.

“I kind of have to look over my shoulder now. “There are a lot of crazy people out there,” Penny said in the Fox Nation interview. “I have to worry about my family and I have to worry about my future, which is harder to understand.”

On the other hand, right-wing politicians have praised his actions and made him a hero. President-elect Donald Trump previously commented on the case, telling Fox News: “I think it’s a terribly difficult case.” Vice President-elect JD Vance expressed support for Penny on Monday, saying on X: “God be “Thankfully, justice was served in this case.”

Rep. Eli Crane, an Arizona Republican, introduced a resolution in Congress on Monday to award Penny a Congressional Gold Medal for his “heroism,” he said in a post on X.

Penny told Fox Nation he is not a “confrontational person” and said he is uncomfortable with the public attention.

“I still feel completely normal,” Penny said. “I don’t feel exceptional in any way, and I don’t want to feel that way. I don’t want praise, I don’t want attention, I don’t want the spotlight. It just makes me very uncomfortable. I’d like to just get back to normal, but we’ll see.”

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