Huge swell in support for Marine veteran Daniel Penny after bombshell evidence emerged in court that could clear him of chokehold death

Marine veteran Daniel Penny has amassed a loyal - and generous - following as he readies for his blockbuster trial in a case that gripped the nation after he subdued a menacing subway passenger leading to the homeless mans death. 

Americans are flooding the New Yorkers legal defense fund with donations and it has now surpassed $3 million, the total rising after a court appearance in Manhattan this week. 

The 25-year-old is accused of manslaughter and negligent homicide for the death of Jordan Neely, a Michael Jackson impersonator with mental health issues, on the subway in May 2023.

He held Neely in a six-minute, fatal chokehold in an effort to subdue him following a wild rant which left passengers uncomfortable and fearing for their safety.

But the incident sparked uproar, with critics accusing Penny, a white veteran, of a blatantly excessive show of force toward a mentally ill, homeless black man.

No one has a right to kill another, one critic argued. Penny would not put a white sick man in a chokehold.

A police officer testified on Thursday as to the actions Penny said he performed on Neely

Some agree that Penny acted heroically in the moment, while others say it was a blatantly excessive show of force toward a mentally ill, homeless black man

She said Pennys actions were the same as Derek Chauvins when he murdered George Floyd, sparking months of protests and a renewed focus on the Black Lives Matter movement. 

There are just as many people who passionately support Penny and argue the charges against him are egregious.

They say he acted selflessly and heroically to help the people around him, and are now fundraising to cover the costs of his defense.

As he returned to court on Thursday, new donations began pouring in. The court heard new evidence which revealed cops who first arrived on the scene found Neely with a pulse and breathing faintly. 

Rather than immediately starting CPR, they administered a shot of Narcan - a drug used to reverse the effects of opioid overdose. 

The revelation sparked outrage among Pennys supporters, as his defense argue Neelys history of drug use is a relevant factor for a future jury to be made aware of.

One donor said Penny would have been considered a good Samaritan in yesteryear. 

He has raised over $3million from thousands of donors.

Only in an upside down world could this kind of insane injustice occur, one person wrote, alongside a $100 donation.

A brave soul railroaded by the liberal freaks of New York. God bless you Daniel, another added.

Donations have been steadily pouring in since Thursdays  hearing, including a former prosecutor who gave $1,000 and said he was repulsed by this unjust, socialist prosecution.

One of the most generous donors was former Republican presidential candidate nominee Vivek Ramaswamy, who gave $10,000 to the cause last year.

Penny held Neely in a chokehold on the subway car floor while others assisted on May 1, 2023

Neely was a Michael Jackson impersonator who was known and recognized in Times Square (pictured in 2009)

Social media is awash with people insiting Penny is a hero for his actions and being persecuted. 

He deserves the Key To the City, one supporter said on X on Friday.

During Pennys pre-trial hearing on Thursday, the court was shown body-cam footage of his immediate statements to police following the incident.

I just put him out, he said.

I was just trying to keep him from hurting anyone else. He was threatening people. Im not trying to kill the guy. Im just trying to deescalate the situation.

Penny told officers Neely was ranting on the train about being ready to go to prison for life.

Hes like... Im ready to die... I think I might have just put him in a choke, put him down. We just went to the ground. He was trying to roll up. I had him pretty good. I was in the Marine Corps.

Pennys legal team would like those comments to be suppressed at trial. 

Marine veteran Daniel Penny, accused of killing a menacing homeless man when he placed him in a six-minute chokehold on a train, faced a NYC courthouse Thursday

Supporters have rallied behind Penny and backed a fundraiser in his name

The state has repeatedly rebuffed claims that Penny was acting in self-defense, arguing he demonstrated excessive force and should have known that his actions could be fatal, given his Marine experience.

Assistant district attorney Joshua Steinglass said the F train they were traveling on arrived at the Broadway-Lafayette station and the door opened less than 30 seconds after the chokehold started.

Passengers who had felt fearful on account of being trapped on the train were now free to exit the train, Steinglass said.

The defendant continued holding Mr. Neely around the neck.

Steinglass said second-degree manslaughter only requires prosecutors to prove Penny acted recklessly, not intentionally.