Attorney Thomas Kenniff, representing Marine veteran Daniel Penny, contested the legal assertions made by the family lawyer of Jordan Neely, the man who died in a chokehold incident on a New York City subway. A grand jury subsequently indicted Penny on a second-degree manslaughter charge, a development that could lead to a 15-year prison sentence if he is convicted.

The incident unfolded when Neely, experiencing homelessness and struggling with mental health issues, reportedly exhibited threatening behavior towards subway passengers. Penny intervened, restraining Neely in a chokehold, an action his legal team maintains was justified by self-defense and the need to protect fellow commuters.

Donte Mills, representing the Neely family, argued that Neely posed no physical threat and did not attack anyone. He accused Penny of acting with indifference and prioritizing his own safety over Neely's life.

Kenniff countered Mills' claims, questioning his experience in criminal law and asserting that he misrepresented the legal standard in New York. He emphasized that the law permits action based on the reasonable fear of imminent harm, not solely on a physical attack. Kenniff highlighted that multiple witnesses corroborated Penny's account of feeling terrified by Neely's behavior.

In a series of videos released over the weekend, Penny detailed his perspective, stating he never intended to kill Neely and was merely trying to restrain him. He described hearing Neely repeatedly threaten passengers with death and violence. Penny explained that he perceived Neely to be under the influence of substances and felt compelled to act when Neely removed his jacket and threw it at nearby passengers.

Penny's legal team encouraged him to share his narrative publicly to address the accusations of racism and vigilantism that emerged after the incident. Kenniff explained that the decision to speak out was made to counter the negative portrayal of Penny in the media and online.

Penny refuted claims of racial bias, asserting that he perceived a threat to passengers, not a racially motivated attack. He noted that a person of color assisted him in restraining Neely and that a woman of color subsequently labeled him a hero.