Nikki Haley calls on NY governor to pardon Daniel Penny, Hochul says 'let the process play out'

Former U.N. Ambassador Nikki Haley has called on New York Democratic Gov. Kathy Hochul to issue a pardon to a former Marine facing manslaughter charges in connection with a fatal incident on a New York City subway.

On May 1, Penny placed 30-year-old homeless man Jordan Neely in a chokehold while aboard an F train. Witnesses indicating that Neely had been threatening passengers and was throwing trash. Video footage of the event showed at least two other individuals helping Penny to restrain Neely, who fell unconscious and later died at the hospital.

Haley, who is running for president, insisted that intervention in the case was necessary to check rising crime in New York.

"Really, what I think needs to happen – the governor needs to pardon Penny. No question about it. She needs to pardon him right away. It’s the right thing to do," she said Tuesday on "Fox News Tonight." "This is if they don't: criminals will continue to rule the streets of New York because they will know that there is no accountability for anyone who tries to stop them."

"And, if she pardons him, that sets a right on a lot of things," she went on. "It'll put criminals on notice. And, it will let people like Penny who really were very brave in that instance, it will let them know that we've got their back."

Manhattan District Attorney Alvin Bragg's office has specifically opted to pursue second-degree manslaughter charges against Penny, who has not entered a plea. His attorneys, however, insisted he acted in self-defense.

The case increasingly become politicized, with many conservative figures expressing support for Penny in contrast with progressive lawmakers who have sympathized with Neely's situation. Penny secured release on bail last week and is due back in court on July 17. 

Hochul has since addressed Haley's suggestion, asserting that Penny must first be convicted of a crime before she could issue the pardon anyway.

"I would think a former governor would know how a pardon works. It works after someone’s been convicted of a crime. You don’t pardon after there’s just been an indictment number one, so wrong on that front," she told NY1. 

She further expressed support for continuing with court proceedings.

"Secondly, let the process play out," she added. "The district attorney indicted after serious deliberation, looking at the facts, witnesses the video, and my view is that this individual who was killed on the subway had mental health challenges and deserved to walk off that subway alive."

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.