NEW YORK CITY, NY – Geraldo Rivera, a host on Fox News, made a statement on Friday regarding the manslaughter charges brought against a Marine veteran who used a chokehold on Jordan Neely, resulting in his death on a New York City subway. According to Rivera, the Marine veteran, 24-year-old Daniel Penny, has a strong defense. Penny surrendered himself to the authorities on Friday to face charges of second-degree manslaughter.
The incident occurred on May 1, when Neely, 30, was restrained by Penny using a chokehold, which ultimately resulted in his death. The incident has sparked outrage and a nationwide debate on police tactics and the use of force.
Penny, who served in the Marine Corps from 2016 to 2020, has been charged with second-degree manslaughter, which is a Class C felony in New York. If convicted, he could face up to 15 years in prison. Rivera’s comment has added a new dimension to the ongoing discussion around the case, and it remains to be seen how it will impact Penny’s defense. The case is being closely watched by the public and the legal community alike, as it could set a precedent for future cases involving the use of force by law enforcement officers.
“His attorneys will surely invoke self-defense. Self-defense allows that a person using deadly force may not only prove they feared for their lives or someone else’s life, but that they were reasonable in their conduct. In other words, was Daniel Penny reasonable in his use of force to stop Jordan Neely?” Rivera told “Fox & Friends” co-host Ainsley Earhardt. “Now Jordan Neely was an aggressive homeless person, over 40 arrests, he had an outstanding warrant for an assault – an alleged assault — on a 67-year-old woman that was still outstanding, so he should not have even been on the streets.”
Neely reportedly boarded the train and acted aggressively towards passengers before Penny and at least one other individual intervened, according to video clips of the incident posted on social media.
Neely had been arrested over 40 times and was the subject of a warrant for felony assault at the time of the Monday incident, CBS News reported. His death was ruled a homicide by the New York City medical examiner’s office.
“I think the Marine has a vigorous defense,” River said.
“My problem with what he did, though, as a veteran street fighter, is did he go too far? Was there a point where Jordan Neely was subdued, where Daniel Penny could have stopped his chokehold and let Jordan Neely live?” Rivera asked. “So I think that will be the question, whether or not a reasonable person would have held that chokehold on Jordan Neely, as bad as he was, for as long as he did? I think that question of reasonableness, Ainsley, will be key to this case.”
“However, the marine has a good defense, the question is whether he stopped soon enough,” Rivera said.
“If you see harm being done to someone on the subway or on the streets, it is hard to step back and allow the violence to happen,” Earhardt said. “Most people would step in and be good samaritans and try and help the other person. Now people will stop because they will be nervous something can happen to them.”
‘Has A Good Defense’: Geraldo Rivera Weighs In On Marine Charged With Subway Choking
Harold Hutchison on May 12, 2023
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Edited by Phil Stilton, SNN