"He would have killed somebody"

“Between stops, you’re trapped on the train, and there’s nowhere to go. You can try to move away, but you can only do so much on a packed car,” Penny told Fox, describing the May 1 incident. “I was scared. I looked around, and I saw older women and children, and they were terrified.” …

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Some commentators have drawn attention to the racial element of the case, claiming that Penny was motivated by anti-black sentiment. Penny denied these allegations, telling Fox his decision to subdue Neely kept people on the train safe, including people from racial minorities.

“The majority of the people on that train that I was protecting were minorities, so it definitely hurts a lot to be called [a racist],” Penny told Fox.

Penny also told the outlet he does not regret engaging with Neely, who he said “would have killed somebody” if he had carried out is threats. The former Marine has been charged with second-degree manslaughter and faces up to 15 years in prison, Fox noted.

[How wise is it to be talking about this case in the media? If I were Penny’s lawyer, I would advise against it, especially in a self-defense situation. Prosecutors can slice and dice these comments to make it sound as though Penny didn’t truly believe there was a *specific and imminent* threat to life and limb at the moment when he intervened with what arguably became lethal force. Better to save the testimony for the trial, where his attorney can do him the most good. — Ed]

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