What this guy get to get away with doing a chokehold that police cant even do . Video of the incident quickly went viral and chaos erupted under New York City streets, bringing one of the Worlds LargestPublic Transit systems to a crawl. They demanded justice despite the facts on May 11th Alvin Bragg announced he was filing criminal charges against penny without ever consulting a grand jury. Daniel penny turned himself in at the courthouse. House at 8 a. M. The next day, where he was charged with one count of Second Degree manslaughter. So should daniel penny be charged with manslaughter . Absolutely now for the First Time Since that fateful day on the subway, daniel penny is breaking his silence. Fox news is nate boyer has the latest. Judge good evening, daniel penny, making his first public remarks about the death of jordan neely to the New York Post penny saying , quote. Im deeply saddened by the loss of life. Its tragic. What happened to him. Hopefully we can change the system thats so desperately failed us in response to accusations that his actions were motivated by race, penny tells the post quote. This had nothing to do with race. I judge a person based on their character. Im not a white supremacist. He added quote. Its a little bit comical. Everybody whos ever met me can tell you i love all people. I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through africa before this happened now when asked if he would take similar action again. In a similar situation, penny showed no regrets, saying quote. I live in authentic and genuine life, and i would if there was a threat and danger in the present. When asked if he feels any shame about the confrontation on the subway, penny said. Quote. I dont i mean, i always do what i think is right. And in response to media backlash, she said, quote if youre faced with all these challenges, you have to remain calm. Whats the point of worrying about something worrying is not going to make your problems disappear. I attribute this to my father and grandfather. They are very, very stoic. And when reflecting on his military service, he said, quote growing up in the wake of 9 11 and the terrorist attacks in a community full of firemen, First Responders, police officers. It was like i needed to serve my community in some way. I loved leading marines and i love being around marines. I love helping people pennies case could be presented to a grand jury as early as tomorrow. When the next court term begins. He faces up to 15 years in prison if convicted. Judge back to you. There was a time in our history when americans decisively settled criminal matters themselves. Frontier justice was meted out by one skin. Women and children were dependent upon fathers, husbands and brothers to protect them. But we have rejected Vigilante Justice in civilized societies in exchange for our agreement, not to take the law into our own hands. The government promises to protect its citizens and punish criminals. This is the Social Contract we have forged. But what happens when the Social Contract and the government failed to protect us . As a result of the defund the Police Movement americans, especially those in big cities are seeing fewer cops and experiencing longer 911 wait times the consequences have created a new danger zone for americans. What happens when danger arises, and theres no one to protect you. When the Social Contract fails. What happens when someone decides to intervene to help others and takes on the job of the government . It was on a New York City underground moving subway car that this question became a reality. The danger was real. By all accounts, the homeless man said he was ready to die and ready to kill. Who would protect the riders in that closed underground subway car. It was a 24 year old marine veteran who took that risk by taking on the job of a Good Samaritan. A Good Samaritan willing to fight not for himself, but for others. The people on that Subway Car Have thanked him and called him a hero. The District Attorney, however, is charged him with manslaughter. Americans have always had the right to defend themselves and others. The issue is at what point and how far does this prosecution undermined the time honored legally recognized right of self defense within that Social Contract . Tonight we will examine the sad case of a homeless schizophrenic, a man admittedly mentally ill, apparently in the midst of a psychotic episode who was given no help. Within that broken Social Contract, but instead placed on a short list of those mentally ill homeless and in need. This week, i sat down for an exclusive interview with the attorney of the Good Samaritan, daniel penny, who made the call to protect others. Joining me now is pennies. Attorney Steve Raiser Of Razor and conniff. Thanks so much for being with us today. Thank you for having me. Can you tell . Tell us . How is dan daniel doing . Well, um, obviously is very stressed. Theres a tragedy that occurred here. Theres really nothing good. At this point, however you staying very close with his family and friends and getting their support to help him. Get through this. Did you ever expect the charges would be brought in this case . Well i definitely did not. It was not something that was easy to foresee, since you had an individual who stepped in to help his fellow passengers to then be charged with the death of mr neely was was a bit of a surprise, especially considering the fact that he had been interviewed by the police and was told that he was free to go and then was later arrested. So that it was not something that was anticipated. What can you tell us what happened on the train before daniel stepped in . Well generally, most of whats been reported is, um, is true. As far as mr neely entering the train and acting in a very violent manner, both physically and with words. So you made threats to the passengers lives not directly in the sense, they said. Im going to kill you all. But he would say things to the effect that, um, you know, i need certain things. I need food. I need this or that. And if i dont get it, i dont care if i go to prison for The Rest Of My Life, and the passengers actually have said that they interpreted that mean well, when would you go to prison for the rest of your life . If you kill somebody, so everybody got the message. And what was his mindset when he put jordans neely in a chokehold . Well the mindset is pretty simple. He was fearful for the safety of those passengers. So when he acted, his mindset was to keep his fellow pastors safe. From attack. And do you know how long he was on the train before he put him in that show cold. I dont know how long theyre on the train for specifically, but there was a period of time where the situation kind of developed. So you know, a period of time to be able to observe mr neely swinging his arms at passengers throwing his jacket down, making threats, so whatever period of time that encompassed, but it was certainly, um minutes, okay . And did he also say that he was ready to die . Jordans neely he did he did. Men helped daniel restrain jordan neely that day has your team spoken to them . We have we have. Weve spoken to quite a few witnesses because of the early stages of where we are in these proceedings. We have to be careful how much of that we can reveal. But we can say that we have spoken to quite a few witnesses and we will be speaking to more as their information becomes available and we could track them down and get some Additional Information from them. Of course, the police have also spoken to witnesses. That stayed on the train when they did arrive. Now daniel did cooperate with the police right after and went to the police station. Why was he let go after that . Well i mean, we have to remember like this was a case of self defense and the police saw that and the police didnt arrest him. Didnt take him down to the station and asked him. Can you come down to the station . He was very willing to do that. You know. Daniel wants to participate in this. Whatever investigation was going to be so he did. You went down there with them voluntarily. And he sat down with the police because danny has nothing to hide. So danny spoke to the police for as long as they want to speak to him, and they made a determination based on what he said what the witnesses said that there is no reason to arrest him and they and they said youre free to go. Any luck. Okay the autopsy came back within a day and a half. Was daniel surprised by the results of the autopsy. Yes i mean, he had it was absolutely unforeseeable for him to believe that the Medical Examiners report would have come back, indicating that it was a homicide. So it was a bit shocking, but what we have to really look at their and what i told danny to. As i said, danny, listen that the Medical Examiner came out and reported things about the report. They did not release the report itself. Theres a lot of Unanswered Questions that are in that report that has not yet been released, at least to the public or to his legal team, and i think the public has a right to know whats in that report. So were not jumping to conclusions as a lot of people have. We dont have toxicology reports. We dont have enough information as to what intervening causes, there might have been other Health Issues that might have been part of the equation here. So and were entitled to that. And we will, at some point be able to review that report, and it will, at some point be released to the public as well. Now after the autopsy report, will you in communication with District Attorney brags office . Yes yes, we were in frequent contact with the d a s office. Yes. Okay and how did you find out about the charges . Well we were told that there was going to be a grand jury presentation. And then that would take some time and it was going to be a very kind of deliberate process was not going to be rushed. Then suddenly we got a call, um, one night before daniels asked to surrender and said, hes hes got a hes got a surrender to the Police Department tomorrow. So at that point where, what do you mean . Tomorrow this was going to be a long process. Suddenly its tomorrow. But that being said i have to do is pick up the phone and say, hey, danny, the police need you. Can you be there . And he was there exactly the time that they asked him to be there to start the process. It didnt seem to make any sense as to the sudden urgency. However thats the way in which they decided to proceeds. So while youre waiting for a possible grand jury, you find out that a Felony Complaint is being filed by the d. A. Took that step. I wish i knew. I dont have an nor do i truly want to venture any guesses. I will say this, though, that the Felony Complaint is of no real consequence. Whats of real consequences . The grand jury presentation so you can have a grand jury indictment or a grand jury presentation with or without a Felony Complaint. A Felony Complaint is not necessary. Its not a necessary part of the process, so thats why its somewhat questionable as to why he took that step when he did, because it was a step that was unnecessary. There have been reports that some of the people on the train actually came up to daniel and thank him for his intervening. Is that true . It is true. Its absolutely true. And it was more than one person and i think the outpouring of support that danny has gotten up to this point. Theres been many, many Tens Of Thousands of people that have banked danny. For putting his life. His health has well being in danger to help those pastures on that train. Why do you think daniel did that . I think he did it because danny has always had the focus of helping people. Its part of the reason that inspired him to become a marine to serve his country to serve his fellow man. When you went into that train is only motivation was to help. His motivation was to help save those pastures for from somebody who was clearly an imminent threat. And if, if that was his intent was to help. I mean, he must have been surprised by what happened in the end. Of course, i mean, he couldnt have foreseen that jordan neely would have died from this or in some conjunction of it or after it occurred. The struggle, um and it was shocking to him and everybody. Everybodys hearts do go out to mr neely. This is a sad situation. It is a tragedy and nobody is here to villainize. Mr neely, but danny is coming to grips with this whole situation and the aftermath of it all. We reached out to the neely Family Attorneys. They were not available for an interview. Coming up on judge janine investigates the Subway Chokehold Who exactly was jordans neely, the real jordans neely and All Star Panel joins me to expose his criminal past, including 42 arrests and what went wrong. My name is joshua florence. And one thing i learned being a firefighter is plan ahead. You dont know what youre getting into. But at the end of the day, you know you have a team behind you that can help you. Not having to worry about the future makes it possible to make the present as best as it can be for everybody. Have you ever felt who was jordan a week . Not just the Michael Jackson who performed the real jordan neely. His rap sheet boasts 42 arrests including multiple assaults on subway passengers in just the last few years. One victim a 67yearold woman. He broke her nose and fractured her orbital bone in an unprovoked attack. Of course the manhattan d. A. Caught in pushing deals. If you promise to show up for treatment at stop doing drugs. He took the deal but he didnt stop. He became known for loot natomas and lived on the streets in hospitals and jails. And he was a partner in the top 50 list of Homeless People most in need of help. In short he was a violent individual who could threaten anyone at any time for any reason. This was the man daniel penny decided to confront. His struggle which ultimately ended in his death. You wouldnt have learned most of us had you attended his highly publicized funeral on friday. Joining me now in the studio is our allstar panel Cross Country host lawrence jones, Criminal Defense Attorney and former prosecutor john and retired new york inspector paul moral. Thank you all for being with me tonight. Ill start with you inspector. What about these 422 arrests and what did they tell you . 42 arrests as a latte but in this town and unfortunately people like jordan neely ecom known to the public and that people should realize that 42 arrests are not the entire universe of his encounters with the system. The police have options they can employ with someone like jordan neely especially if he is not committed a crime. Theres an emotionally disturbed mechanism where police can take someone into custody and to the end have them get treatment. My gut tells tells me its a pill that this onion and what the mainstream medias reporting theres a lot more regarding the times he has touched the system and could have helped them didnt. Jenne there are 42 times of these that we know of where he could have gotten help he needed. John i wait to listen to this Witness Statement from someone who was on the train. Im sitting on a Train Reading my book and All Of A Sudden i hear someone spewing this rhetoric. He said i dont care if i have to kill. I will go to jail, i will take a bullet. What does that tell you about the person saying that . It tells you they are obviously mentally unstable. It tells you that its possible that they are capable of committing harm upon you or somebody else on that train and it tells you a lot of things. Everybody in this room has been that person who has been reading a book on the train and All Of A Sudden looks up and doesnt know whether you will get assaulted or somebody else will get assaulted and this has allowed about the which is going to come and play in this case judge because the prosecutor and the defense will have to hang their hats on whether Daniel Pennys actions were reasonable. I want you to take a listen to al sharpton at the funeral this past friday. He didnt want to be a drug dealer. He didnt want to be a crook. He wasnt trying to be some negative. He wanted to be like michael that made the world smile to get on one beach. You didnt have the right to snatch snatch the lifeblood of this young man. But that it were that simple lawrence. Your reaction . It was a lot for all of them. Its interesting that the family now is suddenly involved. The where is the gofundme count to get him the Mental Health services that he needed . They said he was hungry. Look i have a lot of compassion. We are talking about a kid that watched his mother be torn apart and put into a suitcase. I have a lot of compassion for his circumstance and im sure there a lot of other Homeless Individuals and people with mental Health Issues riding the subway who have similar struggles. Again is at the people that are on the train job to put that into consideration . They dont k