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Daniel Penny speaks out on subway chokehold incident

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

NEW YORK, NEW YORK – DECEMBER 10: Daniel Penny attends an exclusive interview with Judge Jeanine Pirro for FOX Nation on December 10, 2024 in New York City. (Photo by John Lamparski/Getty Images)

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

NEW YORK, NEW YORK – DECEMBER 9: Demonstrators from opposing sides rally outside the Manhattan Criminal Courthouse waiting for Daniel Penny to arrive for trial on December 9, 2024 in New York City. Closing arguments have ended and the jury is deliberating the trial of Penny, 26, a former Marine, who is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car. (Photo by Alex Kent/Getty Images)

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.

Herbert Bauernebel

Herbert Bauernebel has been reporting from New York since 1999 and currently works for Bild.de, OE24 TV, and US Live. He also runs the news portal AmerikaReport.de. Bauernebel has covered nearly all major US events of the past quarter-century, including 9/11, Hurricane Katrina, Barack Obama’s election, Donald Trump’s surprise victory, the pandemic, last year’s election showdown, as well as natural disasters such as hurricanes and oil spills. He has also reported firsthand on international events, including the Asian tsunami, the Haiti earthquake, and the Fukushima disaster. He lives in Brooklyn with his family and holds degrees in communication and political science from the University of Vienna. Bauernebel is the author of a book about his experiences on 9/11, And the Air Was Full of Ash: 9/11 – The Day That Changed My Life.

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