Daniel Penny, whose chokehold killed Jordan Neely as he threatened and menaced subway passengers on an F train, issued a statement through his lawyers Friday suggesting he acted in self defense.
“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” said the statement from his lawyers.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”
The ME’s office has ruled Neely’s death a homicide, but no charges have been filed.
The statement called Neely’s death on Monday a “tragic incident.”
A key issue in the ongoing debate that has divided New Yorkers and touched off political shock waves is Neely’s behavior on the train and his criminal record. Neely was arrested 42 times in the last 10 years, most recently in November 2021 for slugging a 67-year-old female stranger in the face as she exited a subway station. He has a history of mental illness.
The statement from Penny’s lawyers addressed the mental illness issue.
“For too long, those suffering from mental illness have been treated with indifference,” the statement said. “We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.”
Penny, 24, was taken into custody for questioning after the deadly scuffle, but was released. An investigation is continuing, led by Assistant District Attorney Joshua Steinglass, a 25-year Manhattan district attorney’s office veteran.
The statement was the first comment about Neely’s death on behalf of Penny.
The Marine veteran is represented by the law firm Raiser & Keniff, which is based in Mineola, L.I. One of its partners, Thomas Kenniff, emerged as a harsh critic of Manhattan District Attorney Alvin Bragg during his 2021 campaign against the prosecutor.
Penny, a former Marine squad leader and surfing enthusiast,…
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