Republican presidential candidate Nikki Haley has called on New York Gov. Kathy Hochul to pardon Daniel Penny, the former Marine charged in the death of a homeless man on the subway.

In a May 16 interview with Fox News, the former South Carolina governor and wife of a combat veteran, defended Penny’s actions, saying the 24-year-old was attempting to “defend and protect” other passengers on the subway from Jordan Neely.

Witnesses to the incident on May 1 have said Neely, who had a history of mental illness, was acting erratically and threatening passengers.

“This is really upsetting,” Haley said before taking aim at Manhattan District Attorney Alvin Bragg for “letting murderers go,” and allowing “street crime to happen all over New York City.”

“Here you have a former military guy, where it’s in their blood to defend and protect,” she said. “He saw danger, he was trying to protect himself and the other people on that subway, and the idea that Bragg would go and indict him this way without an investigation, without any sort of grand jury—really what I think needs to happen is the governor needs to pardon Penny.”

“No question about it. She needs to pardon him right away. It’s the right thing to do,” Haley added.

Haley told Fox that if Hochul, a Democrat, fails to pardon Penny, New York will continue to be plagued with criminals because “they will know that there is no accountability for anyone who tries to stop them.”

“If she pardons him, that sets it right on a lot of things. It’ll put criminals on notice, and it’ll let people like Penny who really were very brave in that instance, it will let them know that we’ve got their back,” Haley said.

Penny was arraigned in Manhattan Criminal Court on May 12 on a charge of second-degree manslaughter, which carries a maximum penalty of 15 years imprisonment, Bragg’s office confirmed.

Penny, who has been described by family members as a “fun kid who could always be counted on when you needed help” and a “young man who served our country” was seen on video footage putting Neely, 30, in a chokehold on the F train.

He was also seen administering aid to Neely and helping another passenger put him in the recovery position after he fell unconscious.

Neely was taken to hospital where he was pronounced dead later the same day.

According to the medical examiner, Neely died of “compression of neck.”

Witnesses said that Neely was behaving aggressively toward other passengers on the subway car before the incident, complaining and shouting “I want food,” “I’m not taking no for an answer,” “I’m ready to go back to jail,” and “I’ll hurt anyone on this train.”

Lawyers for Penny said he did not mean to kill Neely, who had an arrest record that included 42 prior arrests, dating between 2013 and 2021, for alleged assault and accusations of transit fraud and criminal trespass.

At the time of his death, Neely also had an active warrant out for his arrest related to a 2021 felony assault, the publication reports.

However, Neely’s family has called for more serious charges of murder to be imposed on Penny.

“Daniel Penny chose, intentionally chose, a technique to use that is designed to cut off air—that’s what he chose—and he chose to continue to hold that chokehold minute after minute, second after second, until there was no life left in Jordan Neely,” Neely family attorney Lennon Edwards told reporters on May 12.

Neely’s death has fiercely divided Americans and prompted protests in New York City calling for justice and increased law enforcement accountability.

Bragg’s office has said it interviewed “numerous witnesses” and carefully reviewed video footage and other evidence from the incident to determine that there was probable cause to arrest Penny on felony charges.

Meanwhile, a fundraiser set up for Penny by his lawyers, Thomas Kenniff and Steven Kaiser, has raised over $2.5 million.