Daniel Penny has revealed he ‘couldn’t have lived with himself’ if he hadn’t been involved in defending subway passengers against Jordan Neely.
Penny, 26, who was found not guilty on Monday of murdering homeless man Neely, 30, told judge Jeanine Pirro in a new interview that he would have felt responsible ‘if anyone got hurt’ after the homeless man threatened to kill people to kill on board.
“The guilt I would have felt if someone got hurt, if he did what he threatened to do, I could never live with myself,” the Navy veteran told Pirro in a clip from Fox’s The Five interview set. aired on Wednesday.
He told the former judge that he felt he was “in a very vulnerable position” when he held Neely down on the floor of an F train.
‘He just threatened to kill people. He was in danger of going to prison forever, for the rest of his life, and now I’m on the floor with him.
‘I’m on my back in a very vulnerable position… If I just let him go, I’m now on my back and he can turn around and start doing what he said – to me… killing, hurting, Penny explained.
Penny was arrested in May 2023 after putting the Michael Jackson impersonator in a chokehold for a period of time that resulted in the victim’s death.
After a surprise decision to drop the manslaughter charge on Friday, the jury returned Monday and decided that Penny did not commit negligent homicide that day by subduing Neely.
Daniel Penny, 26, who was found not guilty Monday of the murder of Jordan Neely, 30, said he had no choice but to intervene that day so he could save the lives of others.
Neely was killed by the Marine Corp veteran on May 1, 2023 after Penny put him in a chokehold on a Manhattan F train
Penny said he is “not a confrontational person” and someone who prefers to stay out of the spotlight as the case sparked a lot of attention across the country.
‘I really don’t extend myself. These kinds of things are very uncomfortable. All this attention and limelight is very uncomfortable.
“I didn’t want attention or praise, and I still don’t want that,” he said, adding that he has come to terms with it because his actions saved the lives of others.
“And I’m going to have to appear in court a million times and people calling me names and people hating me, just to keep one of those people from getting hurt or killed.”
The case itself and Penny’s eventual acquittal angry BLM activists, who immediately called for revenge in the form of black vigilantes.
During his interview, Penny also singled out “self-interested” officials who used the fatal incident as part of a “political game.”
He told the former judge exactly what happened on the train, adding that he was ‘in a very vulnerable position’. (Photo: Jordan Neely)
Despite not naming anyone directly, Manhattan District Attorney Alvin Bragg, who led the case against Penny, has come under fire since the verdict was announced.
“This is their policy. And I don’t mean to get political, I really don’t want to make any enemies, even though I probably already have,” he told Pirro.
“But these are their policies that clearly haven’t worked, that the people, the general population, have no support for. Yet their egos are too big to agree that they are wrong.”
After walking free, the 26-year-old quickly rushed to a downtown bar to celebrate his victory with his lawyers and ponder his next move.
Even before the verdict came back, there were calls from Republicans to herald him as a hero.
Rep. Eli Crane, R-Arizona, is so impressed with Penny and his quick action against Neely that he wants to award him Congress’ highest civilian honor: a Congressional Gold Medal, according to Fox.
After walking free, the 26-year-old quickly rushed to a downtown bar to celebrate his victory with his lawyers and ponder his next move.
“Daniel Penny’s actions exemplify what it means to stand against the grain and do the right thing in a world that rewards moral cowardice,” he said.
He went on to describe the justice system as “corrupt” and a system that “allows degenerates to roll up our laws and our sense of security, while punishing the righteous.
Vivek Ramaswamy donated $10,000 to Daniel Penny’s staggering legal fund, which has now reached $3 million. He has also repeatedly spoken out about Neely’s lengthy criminal record, accusing the Manhattan district attorney’s office of “sharing responsibility for his death by creating an anti-law enforcement culture.”
Penny faced 15 years in prison on charges of second-degree manslaughter and criminally negligent homicide after the F train incident last spring, which was partially captured and sparked passionate national debate.
After the manslaughter charge was dropped last week, they next decided whether Penny was guilty of negligent homicide, which would have required him to wait four years on a single charge.
Despite admitting he’s ‘not a confrontational person’, Penny said: ‘I’ll take a million court appearances and people swearing at me’ if it means no one gets hurt
After finding him innocent, the courtroom erupted into cheers and clapping as Neely’s family shouted dire threats, calling Penny a “racist motherfucker” and warning, “It’s a small world, buddy,” before being escorted out .
Judge Wiley granted the prosecutor’s request to drop the manslaughter charge, even after previously questioning its legality last week.
Penny’s attorneys argued he acted in self-defense and in defense of other passengers after Neely terrorized their subway train and threatened them, but prosecutors say he turned to self-defense and criminally murdered Neely with a chokehold.
Neely was once part of the city’s corps of subway and street performers and was known for his Michael Jackson impersonations. He struggled with substance abuse and mental illness, and had a criminal record that included convictions for assault.
Penny previously told detectives that Neely was “talking gibberish” on the day of the violent encounter.
The case itself and Penny’s eventual acquittal enraged BLM activists, who immediately called for revenge in the form of black vigilantes.
Others have expressed their unwavering support for Penny, praising him as a hero for his actions that day
During her testimony, Ivette Rosario, 19, who witnessed the moment, said Neely said someone “was going to die that day.”
‘The tone in which he said it scared me. I have seen situations, but not like this,” Rosario recalled.
Now that the trial is over, Penny can turn his attention back to his studies. At the time of his indictment, he was studying architecture at the New York City College of Technology.
He also had two jobs – one as a swimming teacher and also at a restaurant in Brooklyn – which he gave up to focus on the test.
He’s also not completely out of the woods yet after Neely’s family filed a civil lawsuit against Penny last week. Penny’s legal team, Thomas Kenniff and Steven Raiser, released a statement Friday afternoon revealing that they will immediately set their sights on the lawsuit.