A straphanger who witnessed the fatal subway confrontation between Daniel Penny and Jordan Neely earlier this month called Penny a “hero” for restraining the homeless man before his death.
The 66-year-old woman, who asked not to be identified, also said she’d testify on behalf of Penny, 24, who was charged last week with second-degree manslaughter over the deadly encounter.
The witness told The Post that Neely, 30, went on an explosive tirade just before his caught-on-camera death, telling people he was willing to “kill a motherf—-er” and “[take] a bullet” and go to jail.
Neely’s erratic behavior put commuters on the F train subway car on edge as they hurtled between stations in Manhattan, the witness said.
“The rhetoric from Mr. Neely was very frightening, it was very harsh,” the witness told The Post. “People that travel the subway see and hear everything – this was different. And frightening.
“People were gravitating towards the exit doors, and we couldn’t get out because we were still between stations,” she continued. “People exited quickly [when we pulled in], and people were trying to call 911 when they were in the train … I sensed danger.”
She said that Penny asked her if she would testify about what she saw.
“If necessary [I’ll testify],” the witness said. “I think Mr. Penny deserves a chance … Mr. Neely, he gave people cause to feel that their life was being threatened. He didn’t care. He said he didn’t care. I consider [Daniel Penny] to be a hero.”
“Anything that can help Mr. Penny, but also help the homeless or mentally ill individual out on the streets that could find themselves in the same situation – the answer is concern for all citizens of all colors,” the witness added.
Neely, a homeless man with a lengthy history of mental illness, died after the May 1 confrontation with Penny, a Queens man who once led infantry squads in the Marines.
Penny seized Neely around the neck following the former street performer’s angry outburst, which also featured him throwing trash at other riders, witnesses said.
The city medical examiner has ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).”
Neely’s family has said Penny should be charged with murder. Penny’s defense team claims he wasn’t trying to kill Neely – he was merely trying to protect himself and others from a threatening homeless man who had scores of prior arrests.
Now that Manhattan District Attorney Alvin Bragg has levelled charges at Penny, he has six months to secure a grand jury indictment, Penny’s attorney said.
Penny remains free on $100,000 bail.
Investigators also believe they’ve tracked down one of two men seen on the recording helping Penny restrain Neely, police sources said.
But it’s not clear who authorities believe they’ve found, or if they intend to charge either man.
The witness, who described herself as a woman of color, added that she believes Bragg only charged Penny because of the public outcry.
“I think [Bragg’s decision to charge Penny] was political,” she said. “The politicians who posted their opinions seem to be trying to create a narrative and make it about race – and it’s not about race … they responded based on feelings, not facts.”
Penny is due back in court on July 17.
Read the full article here
Discussion about this post