Penny, a U.S. Marine veteran, served in the Marines between June 2017 and June 2021 in the 1st Battalion, 2nd Marines, and 2nd Marine Division. He rose to the rank of sergeant, and his last duty assignment was at Camp Lejeune in North Carolina.
In a statement, a spokesman for the Marines said the service branch was aware of what happened on the train and would “cooperate with the agencies investigating this incident if asked.”
The incident has raised a critical question when is it considered self-defense, and when does it become vigilantism?
Self-defense is when people use force to protect themselves or others from immediate harm. At the same time, vigilantism is when a person takes the law into their own hands and punishes someone, they believe is guilty of a crime.
The line between self-defense and vigilantism can be blurry, and it can be challenging to distinguish between the two. In the case of the New York City subway incident, it is a matter for the court to decide.
The statement by Penny’s lawyers, claims his intent was to protect himself and the passengers, and he did not intend to harm Neely.