Subway chokehold Marine Daniel Penny gives first on-camera interview to deny allegations against him

A Marine who held a subway passenger in New York until he died has given his first on-camera interview to deny that he killed the man on purpose, disputes the timeline of events — and nonsense claims his behavior was racist.

Daniel Penny, 24, first spoke on camera in a video released by his lawyers just days after an interview in which he said he had a moral obligation to protect his fellow passengers.

Neely, who has struggled with mental illness and homelessness in recent years, died after being put in a chokehold by Penny, who restrained him with the help of other riders. The May 1 incident was captured on video.

“I wasn’t trying to strangle him to death,” Penny claims in the video that wants to tell his side of the story.

“The man stumbled on, he seemed to be on drugs, the doors closed, and he ripped off his jacket and threw it at the people sitting on my left,” he added.

Daniel Penny, 24, spoke in a series of videos released by his lawyers just days after an interview in which he said he had a moral obligation to protect his fellow passengers

He said he took off his headphones while listening to music when he heard Neely screaming on the subway in what he thought was a “scary situation.”

“The three main threats he repeated over and over were: I’m going to kill you, I’m willing to go to prison for life, and I’m willing to die,” Penny said.

At one point, Penny felt he couldn’t sit down and do nothing, following up on his interview earlier this week in which he cited a school lecture by author Elie Wiesel.

“There is a common misconception that Marines don’t get scared. We’ve actually learned that one of our core values ​​is courage, and courage is not the absence of fear, but how you deal with fear,” he said.

“I was scared for myself, but I looked around, there were women and children, he was screaming in their faces as he made these threats. I just couldn’t sit still.’

He states that the reports that he ‘held’ Neely for 15 minutes are ‘not true’.

The whole interaction took less than 5 minutes. Some people say I tried to strangle him – which is also not true. I tried to restrain him.’

He claims the grip he used to restrain Neely was “based on the strength that” [Neely’s] make an effort.’

Penny, 24, turned himself in earlier this month after the district attorney's office announced he would be charged with second-degree manslaughter

Penny, 24, turned himself in earlier this month after the district attorney’s office announced he would be charged with second-degree manslaughter

Jordan Neely, 30, is held in a chokehold by a fellow passenger on a subway train on May 1.

Jordan Neely, 30, is held in a chokehold by a fellow passenger on a subway train on May 1.

“You can see in the video that his chest clearly rises and falls, indicating that he is breathing. I’m trying to stop him from carrying out the threats.’

The Marine also said his behavior was racist, saying, “Some people are saying this was about race, which is absolutely ridiculous.

“I have not seen a black man threaten passengers. I saw a man threaten passengers, many of whom were people of color.

“A man who restrained Mr. Neely was a person of color.

“And a few days after the incident, I read in the papers that a woman of color came out and called me a hero.”

Less than two weeks later, Penny was charged with manslaughter by Manhattan District Attorney Alvin Bragg. His lawyers claimed the Long Island resident acted in self-defense after being threatened by Neely. If convicted, Penny could face up to 15 years in prison.

In an earlier interview, Penny said if Neely had continued “he would have killed someone.” Since the incident, Penny said he is too traumatized to ride the subway.

The ex-Marine went on to tell Fox News that he was inspired to join the Marines after seeing an ad on TV. “They went out and helped the world, and I wanted to be a part of that.”

He described his time in the service as “amazing” and opened his mind to new perspectives, seeing parts of the world that many don’t see thanks to his travels in Spain, Greece, Jordan, Oman, Bahrain, Kuwait and Japan.

Neely, who has struggled with mental illness and homelessness in recent years, died after being put in a chokehold by Penny, who restrained him with the help of other riders

Neely, who has struggled with mental illness and homelessness in recent years, died after being put in a chokehold by Penny, who restrained him with the help of other riders

Penny also spoke of patriotism growing up, as many of his neighbors were first responders on 9/11.

When his shift was over, he backpacked all over Mexico and Central America. Once back in the US, he moved to New York City to live with his sister, teaching swimming and bus table classes to make ends meet after enrolling in an architecture program.

Speaking of the fateful day he boarded an F train to go to the gym, Penny said, “Between stops you’re stuck on the train with nowhere to go.” You can try to drive away, but there’s only so much you can do with a packed car. I was scared. I looked around, and I saw older women and children, and they were terrified.’

At this point, Penny stepped in and choked Neely until the train arrived at Broadway-Lafayette station where police found him motionless.

His attorney, Steven Raiser, agreed with his client’s version of events telling Fox, “Danny could have gone to the corner of the train and waited for Neely to come to him.” But maybe it was too late for the little girl sitting in the middle of the train [Neely] yelled at.’

It was reported this week that a New York grand jury was hearing evidence in the case. It is unknown if Penny will testify.

Daniel Penny, 24, faces 15 years in prison for putting Jordan Neely, 30, in a deadly stranglehold

Jordan Neely was known as a Michael Jackson impersonator in his youth

Jordan Neely pictured with his aunt, Carolyn.  His aunt is preparing to file a wrongful death lawsuit against Daniel Penny

Jordan Neely pictured with his aunt, Carolyn. His aunt is preparing to file a wrongful death lawsuit against Daniel Penny

Penny also thanked those who contributed through his legal fund Enter SendGo. At the time of writing, the campaign has raised over $2.83 million.

‘As a student I had two jobs. My family doesn’t run out of money, so I’m incredibly grateful for this fund and all the people who have supported me,” Penny said.

“Funds are being raised to pay for Mr. Penny’s legal fees incurred for any criminal charges and any future civil suits that may arise, as well as costs associated with his defense,” the page reads in part.

Rocker Kid Rock wrote on the page, “Mr. Penny is a hero. Alvin Bragg is a point of sale. Kid Rock.’ Penny’s actions were also celebrated by 2024 presidential governor hopeful Ron DeSantis.

Last week, Jordan Neely’s aunt, Carolyn, announced her intention to file a wrongful death lawsuit against Penny in a letter sent to Penny’s attorney by her attorneys, Manhattan-based Mills & Edwards.

‘ Please note that this office has been retained . . . to file a claim for personal injury and wrongful death. . . . Your action resulted in the death of Jordan Neely,” the letter reads in sub-reports the New York Post.

According to the Post report, Neely’s aunt is also looking for Penny’s insurance information.

Penny said he often thinks of Neely’s family, members of which have said he should be charged with murder.

“They have been in my prayers. I sympathize with their loss. Like Jordan, they too are victims of a failed system,” he told Fox.

In response to those calling him a racist, Penny pointed out that many of those aboard the train that day were minorities. “It certainly hurts a lot. It’s clearly taken its toll.”