Days after his acquittal in the strangulation death of Jordan Neely, attorneys for Marine veteran Daniel Penny are raising the possibility of a malicious prosecution case against Manhattan District Attorney Alvin Bragg. The prosecutor secured charges against his client days after police released Penny, but the charges were later dropped. to convince the jury that he committed the crime.
Penny, 26, was on her way to the gym after class when Neely, 30, broke into the subway car and began threatening to kill passengers. Penny grabbed Neely in a headlock and held him down as other riders called 911. By the time police arrived about seven minutes later, Neely was unconscious. he never woke up.
“It's not necessarily a violation of the law,” attorney Steven Reiser told “Fox & Friends” Wednesday morning. “The workplace blurs ethical boundaries and prevents us from behaving in the way that is expected of us.”
Daniel Penny says he won't be able to live with the guilt if Jordan causes minor injuries to subway passengers
Daniel Penny arrives at Manhattan Criminal Court on Thursday, December 5, 2024 in New York City. (Adam Gray, Fox News Digital)
That included pushing for arrests that were said to be aimed at protecting Mr. Bragg's image, rather than to protect the public.
“There is a concern that if arrests are not made, and they are not made very quickly, there may be riots in the streets and ultimately a very negative outcome for District Attorney Alvin Bragg. “It was clear,” he said. “And if that actually happens, it could affect his re-election.”
In addition to Bragg, the lawsuit could also name New York City Chief Medical Examiner Dr. Jason Graham, who determined Neely's cause of death to be homicide by strangulation before toxicology results were available, he said. Ta.
Manhattan District Attorney Alvin Bragg arrives for the trial of Daniel Penny after lunch break at the Manhattan Supreme Criminal Court building on Monday, December 2, 2024 in New York City. (Julia Bonavita/Fox News Digital)
Daniel Penny visits New York bar for post-acquittal celebration, lets his lawyer do the talking
“He was appointed by the mayor [Eric] “Adams is of the same party as Alvin Bragg. So there was collusion. So collusion started from the beginning of this case and continued throughout,” he said. The district attorney needed a medical examiner, and he needed a medical examiner to act quickly, and he did just that. ”
Prosecutor Dafna Göran leaves the trial of Daniel Penny at the Manhattan Supreme Criminal Court building on Monday, December 2, 2024 in New York City. (Julia Bonavita/Fox News Digital)
During the trial, Ms. Penny's lawyers also argued that the politically charged case had unfairly racist overtones, and that Mr. Bragg's subordinate, Manhattan Assistant District Attorney Daphna Mr. Göran also emphasized. The first “restorative justice” case in the city's history resulted in a 10-year prison sentence for a man who stalked and murdered an elderly retiree for $300.
Jordan Neely is pictured outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square, New York City in 2009, before going to see the Michael Jackson movie “This Is It.” (Andrew Sabrich/New York Daily News/Tribune News Service via Getty Images)
“There were some pretty wide-ranging highlights presented in terms of this office's non-prosecution practices, and some very serious cases to talk about things like restorative justice.By the way, depending on the situation. That’s a problem.’ That’s great,” Reiser said. “But to my client, you acknowledge that you did a commendable act in several brutal incidents in which you attacked, robbed, beat and ultimately killed an 80-year-old man. Are you trying to corner them with all your might?” Is that a fine young man? ”
CLICK HERE TO GET THE FOX NEWS APP
Although the criminal case is over, Penny still faces a civil lawsuit from Neely's father.
Jordan Neely's father, Andre Zachary, arrives in Manhattan Supreme Court on Thursday, December 5, 2024. (Rashid Umar Abbasi, Fox News Digital)
Penny, a retired Marine from Long Island who won a humanitarian award for his work helping hurricane victims, was described by friends as calm and empathetic during trial testimony.
He played lacrosse, was in the school orchestra as a teenager, and worked two jobs while studying architecture in college. new york city After being honorably discharged from the military, he attended a technical college.
Neely had a long criminal history and had an active warrant out for his arrest at the time of his death. He was high on a type of synthetic marijuana called K2 and suffered from schizophrenia.
Witnesses said Neely's threats were scarier than a typical subway riot. They were grateful for Penny's intervention.
