Daniel Penny, the man charged with second-degree manslaughter after restraining a homeless man, Jordan Neely, on a New York City subway who was acting erratic and threatening passengers, should not be “prosecuted,” former U.S. Attorney Joseph diGenova told Newsmax on Tuesday.
“This is an outrageous case for one reason: that [Manhattan District Attorney] Alvin Bragg decided to prosecute,” diGenova said during an “American Agenda” appearance.
“This case never should have been prosecuted. This is clearly a case in which a reasonable prosecutor would understand, from the statements of the six witnesses, that Penny is going to present that the defendant presented a clear and present danger to everybody on that subway train, and that everybody acted reasonably under the circumstances to protect themselves or to protect others on the train.”
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