OPINION: This article may contain commentary which reflects the author's opinion.
The former U.S. Marine who has been charged in the death of a crazed New York City subway rider earlier this month is receiving an incredible amount of support for his legal defense fund from thousands of people.
As of Saturday morning, the GiveSendGo account set up for Daniel Penny had surpassed $1 million less than 24 hours after it went live, with more than 21,000 donors contributing thus far.
“All contributions are greatly appreciated. Any proceeds collected which exceed those necessary to cover Mr. Penny’s legal defense will be donated to a mental health advocacy program in New York City,” the site says.
Manhattan District Attorney Alvin Bragg filed criminal charges against Penny this week after he held Jordan Neely, a black man with a history of violence and mental health issues, in a chokehold for making threats against fellow subway riders.
On Friday, 24-year-old Daniel Penny turned himself in to authorities for charges connected to Neely’s death. The decision to charge Penny came from Bragg’s office, according to NBC 4 in New York.
ABC Correspondent CeFaan Kim said on Twitter that Penny will face a charge of Manslaughter in the Second Degree.
On Wednesday, the New York City medical examiner officially confirmed that Neely’s cause of death was attributed to a “chokehold.” The ME categorized the incident as a “homicide,” but further legal proceedings would be required to establish intent or culpability.
Penny’s attorneys released a statement on the death late last week, saying that their client “was involved in a tragic incident on the NYC Subway, which ended in the death of” Neely.
The statement, which was released by the law firm Raiser and Kenniff, P.C., added:
We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.
According to freelance journalist Juan Alberto Vazquez and a report from The New York Post, witnesses recounted that on Monday afternoon, Neely engaged in an aggressive rant while in the subway. Witnesses described him as behaving erratically and reportedly heard him shouting that he was unconcerned about going to jail.
Penny and at least one other passenger moved to subdue Neely, who had been arrested at least 42 times over the past decade. But under New York City’s Democratic leadership, he apparently never received the mental health care he appeared to need.
Neely’s most recent arrest took place in November 2021, where he faced felony assault charges over an accusation he slugged a 67-year-old woman in the face. The assault resulted in significant injuries to the victim, and Neely was subsequently incarcerated for a period exceeding one year, the New York Daily News reported.
Friday morning, Fox News reported that Penny, 24, a college student, had surrendered to authorities.
Penny “is expected to be transported Friday to Manhattan Criminal Court and arraigned on one count of second-degree manslaughter. Prosecutors are expected to ask for significant bail, a source told” the outlet.
NYC Mayor Eric Adams said at a press conference Thursday that “Jordan Neely did not deserve to die.”
