Marine Corps veteran Daniel Penny said he wanted to thank the jury that found him not guilty of criminally negligent homicide in the 2023 subway suffocation death of Jordan Neely.
“I want to give them a hug. I want to thank them. Yeah, of course. It takes a lot of courage, especially in this climate in New York City,” he told “The Five” co-host Jenny Pi Judge Rowe appears in an exclusive preview of the interview that will air Wednesday on Fox Nation.
Penny’s defense lawyers Steven Lesser and Thomas Kenniff expressed their concerns about the progress of the trial as the jury said it could not reach a unanimous decision on the top charge and Judge Maxwell Wiley dismissed Penny’s second sentence. A manslaughter charge.
Reiser said once the manslaughter charge was dropped, the jury could focus on the second charge, and they were concerned that those who were considering a guilty verdict on the primary count might also consider a guilty verdict on the second count.
“At the time, we thought the best we could really hope for was a hung jury, but we didn’t know that. And we did feel like there was some interplay here in terms of knowing the timing of the trial in the district attorney’s office.” To make sure. To walk away with a conviction is very distasteful to the defense team,” he added. “We’ve never seen anything like it.”
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Penny said that if he encountered the same situation on the subway, with someone threatening or misbehaving, he would take action again.
“If I didn’t take any action in that situation and someone got hurt, I wouldn’t be able to live with myself,” he said. “I will feel guilty for the rest of my life.”
The architecture student added that he feared Neely would follow through on his threat to kill someone on a subway car.
“There are always outbursts on the train. Unfortunately, in New York City, there are always people coming up and saying, kind of, talking crazy, and it’s unlike anything I’ve ever experienced. It’s very serious. I totally believe him when he says that If so,” Penny told Pirro.
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Penny still faces a civil lawsuit from Neely’s father, Andre Zachery, who accuses the 26-year-old Neely of causing his son’s death through “negligence, carelessness and recklessness.”
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Zachery is seeking unspecified damages for assault and battery, according to a copy of the civil complaint.
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