A man facing a manslaughter charge for killing Jordan Neely on a New York City subway train last month has raised more than $2.8m for his legal defense fund.
An online fundraising campaign for Daniel Penny’s legal defence was launched last month on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service.
His fundraiser reached more than $2m within days of its launch, including roughly $600,000 on the day Mr Penny was charged alone.
As of 14 June, following news of a grand jury indictment, the fundraiser has reached more than $2.8m.
In recent weeks, several donors – including Kid Rock, far-right streamer Tim Pool, and Republican presidential candidate Vivek Ramaswamy – have contributed huge sums to Mr Penny’s fund, which is run by his attorneys.
Mr Ramaswamy, who is seeking the 2024 GOP nomination for president, donated $10,000.
“Penny is the Subway Good Samaritan and we are lucky to have brave souls like him who are willing to do the right thing,” said Mr Pool, who confirmed his $20,000 donation on 15 May.
A GoFundMe arranged by Neely’s aunt for his funeral expenses raised roughly $3,000.
On 14 June, a grand jury in New York City voted to indict Mr Penny in connection with the killing of Neely, who was placed in a fatal chokehold on the floor of a subway car last month.
An indictment formally charging Mr Penny with second-degree manslaughter is expected to be unsealed at a later court date.
Mr Penny was initially charged on 12 May. He did not enter a plea. He was released after posting $100,000 bail. A grand jury was impaneled late last month. He will be arraigned in state Supreme Court on 28 June.
The office of Manhattan District Attorney Alvin Bragg declined to comment to The Independent.
“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing,” Mr Penny’s attorney Steven Raiser said in a statement shared with The Independent on 14 June. “We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified.”
Thomas Kenniff, who also is representing Mr Penny, said his client “saw a genuine threat and took action to protect the lives of others.”
Witnesses stated that Neely, who was experiencing homelessness and a mental health crisis in the days and months leading up to his death, walked into the train car loudly complaining of hunger and thirst on a Manhattan F train on 1 May, yelled to passengers that he was not afraid to go to jail or die, then threw his jacket to the ground before Mr Penny grabbed him from behind and wrestled him to the ground.
Neely did not physically attack or specifically threaten anyone on the train that day, according to law enforcement.
Assistant District Attorney Joshua Steinglass described the events similarly in a statement in Manhattan Criminal Court on 12 May.
“Jordan Neely entered the northbound F train at approximately Second Avenue in Manhattan. Several witnesses observed Mr Neely making threats and scaring passengers,” he stated.
“The defendant approached Mr Neely from behind and placed him in a chokehold, taking him down to the ground,” where Mr Penny held him for several minutes after the train reached the Broadway-Lafayette platform, according to the statement. Two other men helped restrain Neely by pinning his arms, and “at some point Mr Neely stopped moving,” Mr Steinglass stated.
Prosecutors determined there was probable cause to charge Mr Penny after several witness interviews, a review of photo and video evidence, and a discussion with the medical examiner’s office, which ruled Neely’s death a homicide.
The case surrounding Neely’s death, which was recorded on a cell phone and shared widely, has sparked widespread debate and protests traversing issues of race, criminal justice, and urgently needed care for homeless and mentally ill New Yorkers.
The case also has captured the volatility of sensational media coverage around New York City and other Democratic-led cities, while Mr Penny has been hailed as a hero by right-wing personalities in claims that echo across social media and news outlets.
Mr Penny has defended his actions in interviews with Fox News and The New York Post.
A decision from a grand jury recommends to prosecutors whether a person should be formally charged with a crime or other offense. That decision is based on evidence presented by prosecutors to jurors.
Attorneys for Neely’s family welcomed news of the indictment.
“We believe in our criminal justice system and believe it worked,” attorneys for Neely’s family said in a statement shared with The Independent.
“The grand jury’s decision tells our city and our nation that ‘no one is above the law’ no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,” they added. “Any reasonable person knows choking someone for that long will kill them. Daniel Penny did not have the right to be the judge, jury and executioner.”
