Daniel Penny has spoken publicly following his acquittal on charges of manslaughter and criminally negligent homicide in the death of Jordan Neely on a New York City subway in May 2023.

In an interview with Fox News on Dec. 10, Penny said he had put himself in a “very vulnerable position” during his encounter on the subway with Neely but felt compelled to act.

Penny, 26, who served four years in the U.S. Marines, stated that while he is “not a confrontational person,” Neely was “threatening to kill people.”

His comments were made after a Manhattan jury cleared him Monday on the charge of criminally negligent homicide in the death of Neely, who was 30 years old when he died on May 1, 2023.

Days before that decision, New York Supreme Court Judge Maxwell Wiley, who oversaw the trial in Manhattan Criminal Court, dismissed a second-degree manslaughter charge against Penny after the jury deliberated for four days and failed to reach a unanimous verdict.

Penny had pled not guilty to both charges.

Lawyers for Penny had argued at trial that their client did not mean to kill Neely and was protecting himself and other people when he placed Neely in a chokehold for roughly six minutes.

They said that Penny, who did not testify at the trial, restrained the former street performer after the latter launched into an outburst that frightened fellow riders.

Witnesses said Neely got onto the train and immediately began screaming that he was hungry, homeless, and did not care if he went back to prison.

Neely, who was diagnosed with schizophrenia, fell unconscious after the chokehold and was taken to a hospital where he was pronounced dead. A medical examiner determined that Neely died of “compression of neck” but Penny’s defense team challenged that finding.

Neely also had synthetic marijuana in his system at the time of his death and had previously been convicted of assaulting people at subway stations.

Supporters of Neely, including his family, contend that Penny went too far in his response and should face serious charges.

The case sparked national debate and left New Yorkers divided over issues of homelessness and public safety.

Speaking to Fox News, Penny said he did not “want any type of attention or praise” for his actions.

Asked why he placed Neely in a chokehold, the ex-Marine said he would “never be able to live with myself” if Neely had been able to do what he was threatening to do to other passengers.

Penny also acknowledged the criticism he has faced following his actions

“I’ll take a million court appearances and people calling me names and people hating me, just to keep one of those people from getting hurt or killed,” he said.

Penny also criticized city officials, whom he did not identify specifically but described as “self-serving.” He said they had refused to acknowledge their role in creating the conditions that led to his encounter with Neely.

“These are their policies, and I don’t mean to get political, I don’t really want to make any enemies. ... but these are their policies that have clearly not worked,” Penny said.

“Their egos are too big just to admit that they’re wrong,” he added.

Manhattan District Attorney Alvin Bragg, whose office brought the case against Penny, said after the acquittal that prosecutors “followed the facts and the evidence from beginning to end.”

Michael Washburn and the Associated Press contributed to this report.