Navy vet Daniel Penny’s lawyer says they were ambushed by prosecutor Alvin for manslaughter

In a new interview with Jeanine Pirro of FOX Newssaid Steve Raiser that Penny, 24, just wanted to “help his passengers” board Jordan Neely, 30’s Manhattan F train.

The attorney also said their team was shocked when Manhattan DA Alvin Bragg announced charges despite reportedly being told the process would be slow.

“We were told there would be a grand jury presentation and it would take some time.

“It would be a very conscious process. It wouldn’t be rushed. Then suddenly we got a call one night before Daniel was supposed to surrender,” Raiser said.

The interview with the attorney comes just days after Penny made herself a prosecutor and hours after a fundraiser for the Navy rose to more than $2 million.

Attorney for Navy veteran Daniel Penny who was filmed strangling a ‘crazy’ man on a New York City subway says his client was ambushed by the charges against him

In a new interview with FOX News’ Jeanine Pirro, Steve Raiser said his client just wanted to “help his passengers”

A GiveSendGo for Daniel Penny reached $2.3 million Monday night

In his interview with Pirro, Raiser said the Marine vet had nothing in mind but to protect himself and those around him.

“When he acted, his mindset was to protect his fellow passengers from attack. Neely gets on the train and acts very violently. Both physically and with words, “said the lawyer.

Last week, a subway driver on the train at the time of Neely’s chokehold said the erratic passenger threatened others on the train.

Raiser said the man’s troubling behavior has been verified by fellow passengers and that he disrupted others’ travels with disturbing claims.

“Saying things to the effect, ‘I need certain things. I need food, this or that and if I don’t get it I don’t care if I go to prison for the rest of my life’ and the passengers had actually said they interpreted that as: when would you go to the rest of your life in prison? If you kill someone. Everyone got the message,” he said.

The lawyer also alleged that passengers had reported Neely waving to others on the train.

Since being taken into custody, Raiser said Penny was fully cooperating with DA Bragg and the investigation, despite the surprise of being charged.

Raiser claimed prosecutors called their team and said, “He has to surrender to the police tomorrow.”

The statement shocked Raiser and Penny. “What do you mean tomorrow?” said the lawyer. “This would be a long process. Suddenly it’s tomorrow.

“When he acted, his mindset was to protect his fellow passengers from attack. No, get on the train and behave very violently,” Raiser said during the interview

“Thank you for protecting the citizens that day,” one person wrote on a fundraiser for Penny

In the interview, Raiser also denied claims that the death of the passenger in the stranglehold was racially motivated when Pirro asked about it.

“None of it is based on facts. As for racing, it’s just not the motivation for Danny,” he said.

He [Penny] is the one who put himself in danger to save whom? All the people on that train. Black people, brown people, white people. Danny didn’t care. Danny risked his life to save all those people,” the lawyer continued.

“Has nothing to do with race,” he said.

The interview with Penny’s lawyer comes as the donations continue to roll in for the Marine vet.

Monday a Enter SendGo organized for his legal defense, cost $2.3 million just days after launch.

More than 47,000 people have donated to the campaign and some 34,000 people have prayed and left messages of encouragement.

Several anonymous donors contributed $10,000 each.

“Thank you for protecting the civilians that day,” one wrote.

‘Do the right thing. Dan did. It’s not that hard,” added another.

People attend a vigil at City Hall Park for Jordan Neely on May 11

Last week, Penny’s family sued Manhattan prosecutors for suing their lover when they failed to charge two other men who helped subdue Neely.

While Penny was charged with second-degree manslaughter, the two other men walked free and have never been named.

“It’s disgusting,” Justine Baldwin, Penny’s cousin, told the New York Post. “Here is a young man who served our country.”

“What about the other two gentlemen on the subway who helped (hold down Neely)? They haven’t even been given a name.’

Neely’s family, on the other hand, has spoken out after his death, calling for Penny to be prosecuted for his murder.

The family also urged New Yorkers not to shy away from erratic homeless people on the subway, even if they act threateningly.

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