Lawyers for former Marine Daniel Penny, who was charged in the death of a homeless man behaving erratically on the New York subway, said that the outpouring of donations to help cover Penny’s legal costs show that Americans are fed up with attempts to “undermine” the right to defend oneself and others.
Penny and two other riders of the F-train in New York restrained Jordan Neely on May 1 when the homeless man with a history of mental issues was reportedly behaving aggressively.
Neely, who Penny restrained using a chokehold, later died. The city medical examiner ruled the death a homicide owing to “compression of neck (chokehold)” and Penny has been charged with second-degree manslaughter over the incident.
Penny’s lawyers have said the former Marine was acting in self-defense and have expressed confidence that he would be absolved of any wrongdoing. They also launched a crowdfunding campaign to help cover Penny’s legal costs.
‘Outpouring of Support’
Raiser said in an email to the New York Post the “outpouring of support” for Penny is clear from the sizable amount raised.“The message being sent by this massive showing of support is that any attempt to undermine the right and duty to protect one another against an imminent threat will be challenged,” Raiser added.
Prosecutors have said that Neely, who has a long criminal history and was described as homeless, was “making threats and scaring passengers.”
A witness wishing to remain anonymous told the New York Post that Neely seemed to be having a mental episode and started ranting wildly while on the subway train.
The witness added that Penny didn’t initially engage with Neely but only became involved once the situation escalated.
Penny on Friday appeared in Manhattan Criminal Court, where a judge set bail at $100,000.
Manhattan District Attorney Alvin Bragg said in a statement released after Penny’s arraignment that after evaluating “the available facts and evidence,” his office concluded that there was probable cause to arrest and charge the former Marine.
“Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time,” Bragg said.
DeSantis Weighs In
Florida Gov. Ron DeSantis used his large platform on Twitter to help boost Penny’s legal defense fund.“We must defeat the Soros-Funded DAs, stop the Left’s pro-criminal agenda, and take back the streets for law abiding citizens. We stand with Good Samaritans like Daniel Penny. Let’s show this Marine... America’s got his back,” DeSantis said in the post, which had over 11.4 million views at the time of reporting.
Money raised in excess of what’s needed to cover Penny’s legal defense will be donated to a mental health advocacy program, according to the campaign.
“Funds are being raised to pay Mr. Penny’s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense,” the crowdfunding page for Penny reads.
Supportive comments from donors on the page include expressions of appreciation for Penny’s willingness to “protect good people from a madman” or thanking him for “not being just a bystander.”
Neely’s family has released a statement saying they believe Penny should have faced a more serious charge of murder.
“Daniel Penny chose, intentionally chose, a technique to use that is designed to cut off air—that’s what he chose—and he chose to continue to hold that chokehold minute after minute, second after second, until there was no life left in Jordan Neely,” Neely family attorney Lennon Edwards told reporters Friday.
Penny’s lawyers have said they hope that this “awful tragedy” would lead to a “new commitment by our elected officials to address the mental health crisis on our streets and subways.”
