Daniel Penny's lawyer fires back at critics accusing client of racial motivations: He was protecting everyone

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Penny attorney: Neely acted erratic, made threats in underground subway car

In an exclusive interview with Judge Jeanine Pirro on 'The Five,' Daniel Penny’s attorney, Steve Raiser, says witnesses thanked Marine vet for intervening and subduing homeless man in subway car.

A lawyer representing Daniel Penny, the 24-year-old Marine veteran who was charged in the New York City subway chokehold death of an erratic Black homeless man, insisted Monday in an exclusive interview with Fox News' Judge Jeanine Pirro that race did not play a factor in his client's actions and that claims to the contrary are "not based on the facts."

Pirro asked attorney Steve Raiser Monday on "The Five" to address critics who accuse Penny of having acted with racial motivations during the May 1 altercation. 

Daniel Penny leaves the 5th Precinct of the NYPD on Friday, May 12, 2023. Penny is charged in connection with the death of subway rider, Jordan Neely. (Julia Bonavita/Fox News Digital)

"Daniel has been called a murderer by some, a vigilante by others. Many claim he acted based on race. What do you say to those people?" Pirro asked.

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"None of that is based on the facts," Raiser responded. "As to race, it's simply not the motivation for Danny. He 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. It has nothing to do with race."

Penny was charged with second-degree manslaughter Friday for fatally choking Jordan Neely, 30, on a New York City train in an incident caught on video. Prosecutors said Neely, who suffered from mental illness, had been "making threats and scaring passengers" when Penny dragged him to the floor and wrapped his arm around his neck to restrain him.

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Raiser told Pirro his client was "fearful for the safety of those passengers" when he put Neely in a chokehold. "So when he acted, his mindset was to keep his fellow passengers safe from attack," he added. 

Daniel Penny's attorney, Steve Raiser, sits down with Fox News' Judge Jeanine Pirro to share what's next for his client.

Raiser said when Neely entered the subway car, he was "acting in a very violent manner, both physically and with words." 

"He would say things to the effect that, you know, I need certain things, I need food, I need 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 actually have said that they interpreted that…well, when would you go to prison for the rest of your life if you kill somebody? So everybody got the message," he explained. 

"There was a period of time where the situation kind of developed. So, you know, a period of time to be able to observe Mr. Neely, you know, swinging his arms at passengers, throwing his jacket down, making threats."

Another attorney for Penny, Thomas Kenniff, echoed similar sentiments, saying Penny acted to protect himself and other passengers who were being threatened.

Penny served four years in the Marines before he was honorably discharged and has been a "pillar of the community," Kenniff told Judge Kevin McGrath. He was one week shy of graduating from college at the time of his indictment and has lived in the New York City area his entire life, his lawyer noted.

Marine veteran Daniel Penny, right, fatally choked Jordan Neely, left, on a NYC subway after the homeless man threatened passengers. (Mills & Edwards/ AllTrails)

Raiser shared that both he and Penny were initially caught off guard by the charges from Manhattan District Attorney Alvin Bragg's office. 

"We were told that there was going to be a grand jury presentation and that that would take some time. And it was going to be a very kind of a deliberate process and it was not going to be rushed. Then suddenly we got a call one night before Danny was asked to surrender and said he's got to surrender to the police department tomorrow," he told Pirro. "So at that point, we're what do you mean tomorrow? This was going to be a long process. Suddenly it's tomorrow."

Many have rallied behind Penny, hailing him as a hero for protecting other passengers on the train. Donations have poured into his legal defense fund in the days since his arraignment, surpassing a staggering $2 million as of Monday afternoon.

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Penny faces a maximum of five-to-15 years in prison if convicted. He turned himself in to police early Friday.

Fox News' Rebecca Rosenberg, Marta Dhanis and Ashley Carnahan contributed to this report.