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Navy veteran Daniel Penny said he would like to thank the jury that found him not guilty of criminally negligent homicide in the 2023 subway strangulation death of Jordan Neely.
“I would like to give you a hug. I would like to thank you. Yes, definitely. It takes a lot of courage, especially in this climate in New York City, to stand up for myself,” co-host judge Jeanine Pirro told “The Five” on a preview Wednesday of an exclusive interview that will air on Fox Nation.
Penny’s defense attorneys, Steven Raiser and Thomas Kenniff, raised concerns about the trajectory of the trial when Judge Maxwell Wiley dismissed the second-degree murder charge against Penny after the jury said they could not reach a unanimous decision on the main position.
Once the manslaughter charge was dropped and the jury was able to focus on the second count, Raiser said they were concerned that someone who is considering a guilty verdict on the main charge might also be considering a guilty verdict on the second.
“At the time, we thought the best we could hope for was a hung jury, but we didn’t know that. And we also felt there was some interaction here in terms of understanding how far the district attorney’s office will go to get a conviction, which was quite unpleasant for the defense,” he added. “We’ve never seen anything like it.”
DANIEL PENNY’S LAWYERS POSE MALICIOUS LAWSUIT AFTER TRIAL: ‘COLLUSION FROM THE BEGINNING’
Penny said that if she were faced with the same situation on the subway, where someone was threatening and acting erratically, she would act out again.
“I couldn’t live with myself if I did nothing in that situation and someone got hurt,” he said. “I would feel guilty for the rest of my life.”
The architecture student added that he feared Neely would follow through on his threats to kill people in the subway car.
“There are outbursts on the train all the time. Unfortunately, in New York City, there are always people who come up and say, like, talking crazy, and this is like nothing I’ve ever experienced. It was very serious. I believed what he was saying,” Penny told Pirro.
WITNESS TO JORDAN NEELY’S SAVING DEATH CALLS DANIEL PENNY A ‘HERO’
Penny still faces a civil lawsuit from Neely’s father, Andre Zachery, who accuses the 26-year-old 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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