Alvin Bragg challenger Maud Maron says the fact that the Manhattan district attorney brought the Daniel Penny case to trial is a “clear indication of his bad judgment.” 

Daniel Penny was found not guilty of criminally negligent homicide Monday morning in the subway chokehold death of Jordan Neely. The 26-year-old Marine veteran grabbed Neely from behind in a chokehold after the 30-year-old schizophrenic homeless man, who had an active arrest warrant, stormed into the train shouting death threats while high on synthetic marijuana. 

“I think a lot of New Yorkers breathed a sigh of relief with this verdict because this was the case that should not have been,” Maron told “The Story” on Monday. “Really it shouldn’t have gone to a jury, because I think too many New Yorkers have been on the same kind of subway where there’s a person who’s mentally ill, or on drugs, or both and is acting in a violent or threatening way. I’ve been there. I know lots of other New Yorkers have and what Daniel Penny did was simply not criminal.” 

DANIEL PENNY FOUND NOT GUILTY IN SUBWAY CHOKEHOLD TRIAL 

Daniel Penny leaves court after being not found guilty in the death of Jordan Neely, Monday, December 9, 2024. Daniel Penny made a hasty exit with his attorneys from the courts after the verdict was read. (Rashid Umar Abbasi for Fox News Digital)

Maron says that it is “tragic” that Jordan Neely died and nobody, including Daniel Penny, wanted him to die. 

“It’s very clear from the police who interviewed Daniel Penny and didn’t immediately bring charges, from the eyewitnesses on the subway who said that they felt threatened and they were grateful that he interacted, that the common sense understanding of what happened on the subway that day was not a crime, but it was a young man who had no criminal record, who has been in service to this country, who was really trying to do the right thing to protect people.” 

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Daniel Penny arrives at Manhattan Supreme Court in New York, NY on Tuesday, December 3, 2024.  (Rashid Umar Abbasi for Fox News Digital)

The Manhattan DA candidate says it is up to the voters to remove Bragg from office. 

“It’s up to the voters of Manhattan who know that we need to have a different person in the district attorney’s office if we’re going to have a different result,” she told Fox News. “We need safety, and we need to get rid of Alvin Bragg.” 

Fox News’ Michael Ruiz, CB Cotton, Grace Taggart and Kristine Parks contributed to this report.