Fox News reported that Lawyers for Marine Corps veteran Daniel Penny called a forensic pathologist to testify in his trial over the death of mentally unstable homeless man Jordan Neely.

Meanwhile, New York's former top law enforcement officer has charged that Penny's trial shows how District Attorney Alvin Bragg would rather prosecute a "hero" than deal with criminals. 

"Mr. Penny was a hero by anyone's definition"

According to Breitbart, that allegation was put forward on Wednesday by Ray Kelly, who once served as New York City police commissioner.

"People are out threatening those who just are going about their business," Kelly said during an appearance on Fox News' "Fox & Friends."

"Sometimes it results in assaults. Sometimes it doesn’t. But this is still a major problem. We’ve got to get these types of people off the streets. Yet, there’s no realistic movement to do that now," he continued.

"Mr. Penny was a hero by anyone's definition," Kelly declared before adding. "If any of us were trapped in a situation like that with a man who obviously is deranged saying he’s going to murder people, you want that type of intervention."

Witness: "I was scared that I was going to die"

Penny is facing manslaughter and negligent homicide charges in connection with an incident that occurred in May of last year on a New York City subway.

Viral video footage showed Penny restraining Neely, who later passed away. Fox News reported last week that witnesses said Penny acted after Neely began making threats.

Collin Rugg: “Daniel Penny's request to dismiss his case where he protected subway passengers from a deranged homeless man. Daniel Penny is a hero.”
pic.twitter.com/awTUKJm7P7

— NanLee Marie Carissimi (@NanLee1124) January 17, 2024

"This was the first time in my life that I took a moment because I was scared that I was going to die in that moment," Kaydren Schrunk told jurors.

Meanwhile, 18-year-old Harlem resident Moriela Sanchez testified that she heard Neely threaten to harm passengers and felt "relief" when Penny subdued him.

Neely had a long history of violence

Newsweek pointed out last year that Neely had a long criminal history which included 42 arrests, some for violent offenses, and was wanted for an alleged assault at the time of his death.

The New York Post noted how in one instance, Neely was accused of punching an elderly woman three years ago. The 67-year-old victim sustained a broken nose along with a fractured orbital bone.

What's more, the New York Daily News reported that Neely was arrested in 2015 for attempting to abduct a 7-year-old girl. He later pleaded guilty to endangering the welfare of a child.