Marine veteran Daniel Penny sat down with Judge Jeanine Pirro for his first interview since being acquitted of criminally negligent homicide in the subway chokehold death of Jordan Neely. Penny reflected on the events of the encounter and the guilt he would have felt had Neely harmed anyone on the train.
Confronting the threat on the subway
During the interview, Penny described the fear and urgency he felt as Neely, who was reportedly high on drugs, threatened passengers on a Manhattan F train in May 2023.
“He was just threatening to kill people,” Penny said. “If I’d just let him go, now I’m on my back, and he can just turn around and start doing what he said — killing, hurting.”
Penny said the idea of passengers being harmed weighed heavily on him. “The guilt I would’ve felt if someone did get hurt, if he did do what he was threatening to do, I would never be able to live with myself,” he said.
Facing public scrutiny
Despite receiving both praise and criticism for his actions, Penny said he never sought attention. “I didn’t want any attention or praise, and I still don’t,” he said, adding that he was willing to endure court appearances and public backlash if it meant protecting others.
Criticism of district attorney’s policies
Penny also criticized Manhattan District Attorney Alvin Bragg, who pursued charges against him, calling the prosecution politically motivated. He argued that such policies “have clearly not worked” and suggested they were out of touch with public sentiment.
Jordan Neely’s history and subway violence
At the time of the incident, Neely had a lengthy criminal record, schizophrenia, and a drug abuse problem. Witnesses testified that Neely’s threats were more alarming than a typical subway outburst. “He shouted someone would ‘die that day,'” said Ivette Rosario, a 19-year-old student.
Penny referenced the broader climate of fear on the subway, citing recent violent incidents, including stabbings and passengers being pushed onto tracks.
Penny’s background
Penny, a Long Island native and former Marine, had been recognized with a humanitarian award for helping hurricane victims. He worked two jobs while studying architecture at the New York City College of Technology after his honorable discharge from the Marines.
