Attorneys for Daniel Penny, the former Marine charged with strangling a driver to death on a Manhattan subway, say Brooklyn prosecutors on Thursday decided not to bring charges against the man who fired the aggressive straphanger. He said it was the right decision.
“I applaud the Brooklyn district attorney for using his prosecutorial discretion to recognize that a person forced to defend himself or others should not face criminal charges,” Penny’s attorney, Thomas Kenniff, said in a statement. I think we should.” The Post said in a statement.
The Brooklyn District Attorney’s Office announced Friday that it would not file charges in the shooting death of a 32-year-old man who killed an instigator on a crowded subway train during rush hour because there was “evidence of self-defense.”
The gunman in Thursday’s subway crash has been identified by officials as Younes Obouad, and Kenniff claims he shot and killed Jordan Neely to protect his case and the other passengers on the train. argued that there are similarities.
“This is the same environment my client faced last year,” Kenniff said in a statement.
And in an interview Friday night on “Jesse Watters Prime Time,” Kenniff told the Fox News host that given the similarities in the circumstances, Penney was indicted while Obouad was not. He said that was “absolutely upsetting.”
He called on authorities to stop prosecuting Mr Penny.
Penny was charged with the murder of Neely, a homeless man with a history of mental illness who was caught on camera yelling profanities on a Manhattan F train on May 1, 2023.
Neely threatened the straphanger before Penny got behind him and pulled him into a chokehold, ultimately killing him, the city medical examiner said.
Penny was released on $100,000 bail but could face up to 19 years in prison if convicted. A judge denied his motion to dismiss the charges in January.
Kenniff said Thursday’s shooting was “another example of the type of misconduct that exists in the New York City subways” that forced Penny to take action nearly two years ago.
“This highlights how so many innocent New Yorkers feel vulnerable when riding the subway,” the attorney told the Post. “Unfortunately, in my client’s case, even when he stands up to protect himself and others, he ends up being persecuted himself.”
Obuad was on the crowded A train when Dajuan Robinson, who was already on board, began yelling abuse at him, according to police and video of the moments leading up to the shooting.
The two got into a wrestling match, and at one point the woman stabbed Robinson in the back, according to the video.
Robinson, who had brought a .380 Ruger and a knife onto the train, drew his gun and began approaching Obuad.
Obouad was able to get his gun back and at least four shots were fired during the skirmish.
Robinson ended up being shot twice in the right side of his face, including the eye, once in the neck, once in the chest, and stabbed twice in the back, sources said.
Officials said he remains hospitalized in serious condition.
