BURSTSen. Ted Cruz (R-Texas) said Daniel Penny should sue Manhattan District Attorney Alvin Bragg for "malicious prosecution," after the Marine veteran was found not guilty of homicide Monday in the New York City subway trial.
“Alvin Bragg is an absolute catastrophe. First, he indicted Donald Trump in a partisan case, and then he indicted Daniel Penny for saving the lives of other subway passengers from a deranged lunatic threatening to kill everyone,” Cruz said in a statement to The Hill, referencing Trump being found guilty on all 34 counts in the hush money case that was prosecuted by Bragg earlier this year.
“Penny should sue Bragg for malicious prosecution and hold this rogue Soros prosecutor accountable,” the Texas Republican added.
His comments were first reported by The Daily Caller.
Penny, 26, was acquitted by a Manhattan jury of a criminally negligent homicide charge in the death of Jordan Neely, a 30-year-old homeless man who had been shouting at passengers in a subway car before Penny placed him in a chokehold in May 2023.
The veteran was arrested and taken into custody following the incident, but he was later released after questioning. Penny was indicted by a grand jury in June 2023, a month after the Neely's death. He pleaded not guilty.
“The jury carefully deliberated for four days. They requested readbacks of testimony and asked for video footage to re-watch, as well as written definitions of the law,” Manhattan District Attorney's office said in a statement following Monday’s acquittal. “Their lengthy deliberation – and the totality of the facts and the evidence – underscored why this case was put in front of a jury of Mr. Penny’s peers."
“The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict," he added.
Neely’s father, Andre Zachary, filed a civil suit against Penny last week, accusing the Marine veteran of battery, assault and negligence in Neely’s death. The suit was filed in New York Supreme Court.
The Hill has reached out to the Manhattan District Attorney’s office for comment.