Marine vet Daniel Penny's lawyer says they were ambushed by DA Alvin manslaughter charges

The lawyer for Marine veteran Daniel Penny who was filmed choking a 'deranged' man on a New York City subway says his client was ambushed by the charge against him

In a new interview with FOX News' Jeanine Pirro, Steve Raiser, pictured, said his client simply 'wanted to help his passengers' 

A GiveSendGo for Daniel Penny has reached $2.3 million as of Monday evening

In his interview with Pirro, Raiser said the Marine had nothing in his mind except protecting himself and those around him.

'When he acted, his mind-set was to keep his fellow passengers safe from attack. Neely entering the train and acting in a very violent manner. Both physically and with the words,' the attorney said. 

Last week, a subway rider on the train at the time of the chokehold death of Neely said the erratic passenger was threatening others on the train. 

Raiser said the man's concerning behavior has been verified by fellow passengers and that he was disrupting others' travels with troubling 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 to mean, when would you go to prison for the rest of your life? If you kill somebody. Everybody got the message,' he said. 

The lawyer also claimed passengers reported Neely swinging at others on the train. 

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

Raiser claimed prosecutors called their team and said: 'He's got to surrender to the police department tomorrow.'

The statement shocked Raiser and Penny. 'What do you mean tomorrow?' the lawyer said. 'This was going to be a long process. Suddenly it is tomorrow.

'When he acted, his mind-set was to keep his fellow passengers safe from attack. Neely entering the train and acting in a very violent manner,' 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 chokehold death of the passenger was racially motivated when asked by Pirro.   

'None of that is based on the facts. As to race, it's simply not the motivation for Danny,' he said. 

He [Penny]  is the one that put himself in danger to save who? All the people on that train. Black people, brown people, white people. It didn't matter to Danny. Danny put his life at risk to save all those people,' the attorney continued. 

'Has nothing to do with race,' he said. 

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

On Monday, a GiveSendGo organized for his legal defense hit $2.3 million just days after it was launched. 

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

Several anonymous donors have contributed $10,000 each. 

'Thank you for protecting the citizens that day,' one person wrote. 

'Do the right thing. Dan did. It's not that tough,' another added. 

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

Last week, Penny's family called out Manhattan prosecutors for charging their loved one while not charging two other men who assisted in subduing Neely. 

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

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

'What about the other two gentlemen on the subway who were helping him (restrain Neely)? They haven't even been named.' 

Neely's family, on the other hand, have spoken out after his death and called for Penny to be charged in his murder. 

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