‘He should be celebrated’: Former Marine Daniel Penny’s lawyer lauds his actions

Former U.S. Marine Daniel Penny surrendered himself to law enforcement to face charges for actions alleged to have killed a man on the New York City subway that his attorney said “should be celebrated” instead.

On Friday, 24-year-old Penny turned himself over to the NYPD and was charged with second-degree manslaughter for the May 1 death of Jordan Neely. The Marine had placed Neely, allegedly harassing subway riders at the time, in a chokehold that reportedly led to the man’s death.

Thomas Kenniff, one of Penny’s attorneys, joined WABC’s “Cats & Cosby” Friday where he discussed the charges and his client’s arraignment with host John Catsimatidis and Rita Cosby and said, “He didn’t enter the subway seeking to harm anyone. He didn’t attack anyone.”

“He was really putting himself in harm’s way for the benefit of others. He shouldn’t be pilloried for that. He should be celebrated,” the lawyer argued.

“The reality is that there is not a single living, breathing New Yorker — particularly anyone who rides the subways — who can’t relate to exactly the sort of situation that my client and the other passengers on the train were confronted with,” he said and added, “In no way shape or form [did Penny] seek to demean the victim in this case.”

As previously reported, George Soros-backed Manhattan District Attorney Alving Bragg’s (D) office had confirmed its intent to charge Penny for the death of the mentally ill homeless man, himself arrested over 40 times, marking just the latest in a series of cases where an effort to prosecute was begun against an individual whose actions were said to be defensive.

Kenniff remained undeterred and told the WABC program, “My firm works with all retired NYPD detectives, some of the best in the business.”

“Our understanding is that there is an autopsy out there. We obviously need to get our hands on it.”

But I expect that it will be revealing,” the attorney noted of the “very active investigation” and went on to state, “We’ve uncovered a lot, and I think there’ll be a lot more to come, quite frankly.”

“Any time there is a loss of human life, we all feel that pain. And there’s going to be passions on both sides, but we’re going to follow the evidence and follow the facts, and there is very little doubt in my mind that when everything is fleshed out, comes to light, that my client, Daniel Penny, will be absolved of any wrongdoing here,” he assured.

Meanwhile, mobs descended upon NYC, blocking subway tracks and clashing with police demanding their own brand of justice while race hustlers like Rev. Al Sharpton said, “This man needs to be prosecuted cause what you will do if you do not prosecute him, in my judgment, is you will set a standard of vigilantism that we cannot tolerate.”

“The precedent alone is a threat to all of us. We cannot allow this lawlessness to go unchecked,” he added.

Following his arraignment, Penny was released from custody on $100,000 bail with his next court appearance scheduled for July 17. Should he be convicted, he faces up to 15 years in prison.

Kevin Haggerty

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