Ex-Marine Daniel Penny says he had a 'obligation' to step in when Jordan Neely became 'erratic'

The ex-Marine accused of manslaughter in the choking death of Jordan Neely has spoken of his moral obligation to intervene when the homeless man began acting erratically and threatened the lives of his fellow commuters.

Daniel Penny, 24, made his remarks in a new interview with Fox News, in which he discussed hearing civil rights activist Eli Wiesel speak while in high school. 

'One of the overall messages that he talked about was that good people did nothing. It’s a lesson that I carry with me to this day,' Penny told the network. This is the second interview that Penny has given. 

Neely, who had been struggling 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. 

Daniel Penny was charged with manslaughter by the Manhattan district attorney less than two weeks later. His lawyers maintained that the Long Island-native acted in self-defense after being threatened by Neely. If convicted Penny could face up to 15 years in prison. 

Daniel Penny, 24, is facing 15 years in prison for putting Jordan Neely, 30, in a fatal chokehold

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

In his newest interview, Penny said that had Neely continued 'he would have killed somebody.' Since the incident, Penny said he is too traumatized to ride on the subway. 

The Ex-Marine went on to tell Fox News that he was inspired to join the Marines after seeing an advert on TV. 'They were going out and helping the world, and I wanted to be a part of that.' 

He described his time in the service as 'awesome' and opening his mind to new perspectives, seeing parts of the world that many don't get do see thanks to his tours in Spain, Greece, Jordan, Oman, Bahrain, Kuwait and Japan. 

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

When his service was up, he went backpacking throughout Mexico and Central America. Once back in the US, he moved to New York City to live with his sister, teaching swimming and bussing tables to make ends meet after he enrolled in an architecture program. 

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

That's when Penny stepped in, holding Neely in a chokehold until the train arrived at the Broadway-Lafayette station where police found him laying motionless. 

His lawyer, 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 it might have been too late for the little girl that was sitting in the middle of the train that [Neely] was screaming at.' 

This week it was reported that a New York grand jury was hearing evidence in the case. It is not known if Penny will testify.  

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

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

Penny also thanked those who have contributed to his legal fund through GiveSendGo. At the time of writing, the campaign has raised over $2.8 million. 

'I was working two jobs as a student. My family doesn’t come from money so I’m incredibly thankful for this fund and all the people who have supported me,' Penny said. 

'Funds are being raised to pay Mr. Penny’s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense,' the page reads in part.

Rocker Kid Rock wrote on the page: 'Mr. Penny is a hero. Alvin Bragg is a POS. Kid Rock.' Penny's actions were also celebrated by 2024 presidential hopeful Governor Ron DeSantis. 

Last week, Jordan Neely's aunt, Carolyn, announced her intention to file a wrongful death suit against Penny in a letter that was sent from her attorneys, the Manhattan-based Mills & Edwards, to Penny's lawyer. 

'Please be advised that this office has been retained . . . to pursue a claim for personal injuries and wrongful death. . . . Your action resulted in the death of Jordan Neely,' the letter reads in part reports the New York Post. 

According to the Post's report, Neely's aunt is also seeking Penny's insurance information. 

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

'They’ve been in my prayers. I feel for their loss. Like Jordan, they’re also victims of a failed system,' he told Fox. 

Responding to those who have called him a racist, Penny pointed out that many of those on board the train that day were minorities. 'It definitely hurts a lot. It has obviously taken a toll.'