Daniel Penny remains ‘positive and optimistic’ as he awaits verdict: lawyer

Daniel Penny is staying “positive and optimistic” and spending the weekend with his family as he waits for a Manhattan jury to resume deliberations in his high-profile subway chokehold case, his lawyer told The Post.

Jurors are expected to return to court on Monday to consider whether to convict Penny of involuntary manslaughter after deadlocking on a main charge of manslaughter.

“He spends just as much free time with his mothers and sisters,” Penny’s attorney, Thomas Kenniff, told The Post on Saturday. “You were his rock during this very difficult time.”

Involuntary manslaughter carries a suspended sentence of up to four years in prison.

“While Danny is relieved by the dismissal of the manslaughter charge, he still faces the second murder charge in the indictment and a serious state prison sentence,” Kenniff said.

“He remains confident that when the jury returns Monday, it will agree that he acted reasonably in the face of the unprecedented terror unleashed by Jordan Neely aboard the F train.” When it comes to an innocent man’s freedom, he can there are no compromises.”

Penny’s lawyers said the Long Island native and aspiring architect was justified in protecting passengers from a man who witnesses said “someone is going to die today!” and who said he was prepared to go to prison after boarded the uptown F train.

Deliberations began Tuesday afternoon and culminated in Friday’s dramatic turn of events in court when prosecutors finally dropped the involuntary manslaughter charge.

The developments earned Penny praise from none other than golf champion Phil Mickelson, who cited a piece by political commentator Collin Rugg and a “sort of young man that is becoming increasingly rare.”

Mickelson agreed with Rugg’s words.

“Agree. Thank you, Daniel, for serving your country and protecting the many passengers whose lives were threatened by this violent and deranged individual,” Mickelson wrote.