Daniel Penny’s attorney, Thomas Kenniff, said it was past time to address New York City’s crime problem on its subways after Gov. Kathy Hochul deployed the National Guard to NYC subways this week.
“It’s about time,” Kenniff said on “Fox & Friends” Friday. “I just wish it didn’t take this long for there to be a realization, a recognition among our elected leaders that there’s a crisis that’s going on in the subways of New York City.”
Kenniff’s client, U.S. Marine veteran Daniel Penny, is facing charges in the chokehold death of a homeless, mentally ill man, Jordan Neely, who was yelling violent threats at riders on a New York City subway last year. Penny said he did not intend to kill Neely but was trying to protect women and children who were “terrified” of Neely.
“I don’t know if ‘too little too late’ is the right expression but, ‘better late than never,’ perhaps,” he continued.
At a news conference on Wednesday, Hochul announced that 750 members of the National Guard will assist law enforcement with checking bags for weapons.
FEAR OF TRANSIT CRIME RESURFACES IN US CITIES
Daniel Penny attorney Thomas Kenniff reacts to Gov. Kathy Hochul sending in the national guard for safety checks on NYC subways. (Fox News)
The measure comes as city leaders grapple with skyrocketing violent crime in the underground system.
Fox News host Brian Kilmeade pointed out that subway riders are still facing similar dangers to the situation Penny faced last year. A Marine was reportedly stabbed this week while trying to protect a woman being harassed on the subway.
Kenniff said Hochul’s comments during her news conference bolstered his client’s defense.
“One of the things that really struck me is, she talked about wanting to comfort the senior citizen on the subway train, the high school kids going to school using NYC subways, and the mother with a stroller or with children, wanting to make them feel safe. That basically describes to a tee, at least three of the individuals who were on the subway car when Jordan Neely came in and started threatening everybody and threatening people and putting fear of death in people as we testified,” he said.
Kathy Hochul on Wednesday announced new plans to address rising crime in New York City subways. (Getty Images)
“It almost made me wonder, did the Governor read our motions in this case before giving this press release?” he asked.
Kenniff argued that witnesses on the subway that day said they felt threatened by Neely when asked under oath.
“Almost unanimously, every single person described the absolute terror that Jordan Neely introduced onto that subway car, and the fear, the palpable fear they felt, not harassment, but fear that they might die once those subway cars closed and deranged Jordan Neely started harassing everyone,” he argued.
Daniel Penny departs Manhattan Criminal Court Wednesday, January 17, 2024. Penny is charged in connection with the death of Jordan Neely on the New York City subway in 2023. Penny’s lawyers have had their motion to dismiss the charges denied by the judge. (John M. Mantel for Fox News Digital)
A New York City judge recently denied Penny’s motion to dismiss the criminal case, but his lawyer said he has “no doubt” Penny will get a fair trial and be acquitted by a jury for his actions.
Fox News’ Bradford Betz contributed to this report.
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