U.S.

Politics World Opinion Media Entertainment Sports Lifestyle Video AI More Login Watch TV

TRENDING 'NOT GONNA TAKE IT' MIC DROP SWIFT JUSTICE AI

12:26 PM

Fox & Friends Published June 15, 2023 10:05am EDT

Indictment of Marine veteran Daniel

Penny 'defies logic,' says local NY
official: 'Something rotten'
Bruce Blakeman calls out NYC prosecutors for going after 'Good Samaritan' trying to protect subway passengers

By Bailee Hill | Fox News

Indictment of Marine veteran Daniel Penny 'defies logic': Bruce Blakeman

Nassau County Executive Bruce Blakeman joined 'Fox & Friends' to discuss his take on the charges facing Daniel Penny and his concerns surrounding the
broader implications of the case.

Marine veteran Daniel Penny's alleged indictment sparked outrage among critics who
claim the former service member sprang into action to save the lives of others who were
reportedly threatened by a homeless man on a New York City subway.

Penny was indicted by a grand jury on Wednesday in connection with the May death of
Jordan Neely, who had reportedly threatened passengers, prompting Penny to restrain him
in a chokehold.

Nassau County Executive Bruce Blakeman (R) tore into the indictment during "Fox &
Friends," arguing the decision "defies logic."

KID ROCK TOP DONOR TO DANIEL PENNY'S DEFENSE IN NYC SUBWAY CHOKEHOLD
DEATH

"There's something rotten about this prosecution, just like there was something rotten
about the prosecution of Joseph Alba, the bodega store worker who was defending
himself," Blakeman told Steve Doocy Thursday.

"Daniel Penny's the Good Samaritan, and if you listen to the witnesses' accounts of what
happened, it defies logic that he's being prosecuted."

A Manhattan grand jury indicted him on one count each of criminally negligent homicide
and second-degree manslaughter for the homeless man’s May 21 death, sources told Fox
News.

Neely, who suffered from mental illness and had a long history of violent attacks on
subway riders, stormed onto the train at the Second Avenue station in Manhattan at about
2:30 p.m., screaming and threatening passengers.

US Marine veteran Daniel Penny, 24, is escorted in handcuffs by the NYPD (New York City Police Department) after turning
himself into the 5th Precinct in Lower Manhattan. Penny turned himself in after being charged with 2nd Degree
Manslaughter in the chokehold death of Jordan Neely. (Photo by Michael Nigro/Pacific Press/LightRocket via Getty
Images) (Michael Nigro/Pacific Press/LightRocket via Getty Images)

DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY
HE STEPPED IN

Penny then reportedly approached Neely from behind, wrapped his arm around Neely's
neck and dragged him to the floor, as two other men helped restrain him until he went
limp.

Several minutes of the fatal encounter were captured by cellphone video, prompting
outrage and widespread protests. Neely's death was ultimately ruled a homicide.

Penny faces a maximum of five to 15 years in prison if convicted of one count of second-
manslaughter.

"People who criticize me for speaking out about Daniel Penny, looked them in the eye and I

Isaid, 'let me ask you a question. Would you want Daniel Penny on a subway with your
daughter or would you want Jordan Neely?' And that shuts them up right away because
people with common sense, good Samaritans, they realize that we want people to take
action when someone is doing something that could be harmful to others," Blakeman
said.

"The police can't be everywhere at the same time, and we have a great police department
in my county, but we have to depend on good Samaritans from time to time to ensure
public safety," he continued, pointing out that Neely was "arrested 42 times [and] allegedly
punched a 62-year-old woman in the eye, and broke her eye socket."

Criminal defense attorney Lexie Rigden echoed Blakeman's sentiment Thursday, arguing
she was not shocked Penny was charged given the "low standard" of "reasonable cause."

WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’

"I'm not surprised that it was returned," Rigden told Brian Kilmeade. "Indictments are, as
we've all been saying, with all the high-profile indictments, you can indict a ham sandwich,
so I'm not surprised that he was indicted because the standard is very low."

"It issimply that there was reasonable cause to believe a crime was committed," she
continued. "So simply because an indictment was returned does not mean that this case
isn't going to be able to resolve."

Penny's attorneys released a series of videos over the weekend in which Penny denies
intending to choke Neely to death, describing the events leading up to the deadly
encounter.

He said he was trying to "restrain" Neely in order to protect his fellow passengers, and also
said the entire incident was much shorter than what was being reported. He also argued
the situation had nothing to do with race despite far-left media narratives describing it as
such.

Rigden said she thought releasing the string of videos was beneficial for his case, since
press coverage has "largely" been working "against" him.

"He gave an interview that it was a five-minute chokehold, but there was a false narrative
out there, according to him, that it was a 15-minute chokehold, so I think that it's
important, and his attorneys basically said that if he doesn't come on and correct this, at
some point, it ends up being the narrative and the accepted truth by the public."

Penny's GiveSendGo legal fund has raised more than $2.8 million.

Fox News' Rebecca Rosenberg and Marta Dhanis contributed to this report.

Daniel Penny leaves the 5th Precinct of the NYPD on Friday, May 12, 2023. Penny is charged in connection with the death
of subway rider, Jordan Neely. (Julia Bonavita/Fox News Digital)

Bailee Hill is an associate editor with Fox News Digital. Story ideas can be sent to
bailee.hill@fox.com

U.S. World Politics Entertainment Business Lifestyle

Crime U.N. Executive Celebrity News Personal Finance Food + Drink
Military Conflicts Senate Movies Economy Cars + Trucks
Education Terrorism House TV News Markets Travel + Outdoors
Terror Disasters Judiciary Music News Watchlist House + Home
Immigration Global Economy Foreign Policy Style News Lifestyle Fitness + Well-being
Economy Environment Polls Entertainment Video Real Estate Style + Beauty
Personal Freedoms Religion Elections Tech Family
Fox News Investigates Scandals Faith

Science Tech Health TV About Other

Archaeology Security Coronavirus Shows Contact Us Fox Business
Air & Space Innovation Healthy Living Personalities Careers Fox Weather
Planet Earth Drones Medical Research Watch Live Fox Around the World Fox Nation
Wild Nature Computers Mental Health Full Episodes Advertise With Us Fox News Shop
Natural Science Video Games Cancer Show Clips Media Relations Fox News Go
Dinosaurs Military Tech Heart Health News Clips Corporate Information Fox News Radio
Children's Health Compliance Outkick
Newsletters
Podcasts
Apps & Products

New Terms of Use New Privacy Policy Your Privacy Choices Closed Captioning Policy Help Contact Us Accessibility Statement
Facebook Twitter Instagram Youtube Flipboard LinkedIn Slack RSS NewslettersSpotify
This material may not be published, broadcast, rewritten, or redistributed. ©2023 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or
delayed by at least 15 minutes. Market data provided by Factset . Powered and implemented by FactSet Digital Solutions . Legal Statement . Mutual Fund and ETF
data provided by Refinitiv Lipper .