In a video statement from his attorneys, Penny says he was protecting himself and other passengers from an erratic Jordan Neely.
This comes as Manhattan prosecutors are trying to secure an indictment. The case is now before a Grand Jury - sources told ABC News. The jury has to consider whether Neely posed a threat to the safety of other passengers."The three main threats he repeated over and over was 'I'm going to kill you,' 'I'm prepared to go to jail for life,' and 'I'm willing to die,'" said Penny.
Penny was recorded holding Neely, a 30-year-old homeless man, in a minutes-long chokehold on an F train on May 1. "I have questions about the precinct that let the killer out with no charges at all," said NYC Public Advocate Jumaane Williams."Some people say this was about race, which is absolutely ridiculous. I didn't see a Black man threatening passengers. I saw a man threatening passengers. A lot of whom were people of color," Penny added.
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