A judge has denied a motion by attorneys for Daniel Penny, the U.S. Marine
veteran who placed Jordan Neely in a deadly chokehold aboard a New York
City subway last year, to dismiss the case.

The decision came in court on Wednesday. The judge ordered Penny back to
court in late March. His trial is tentatively expected to start in the
fall.

Penny's lawyers Steven Raiser and Thomas Kenniff said they disagree with
the judge's decision.

�While we disagree with the Court�s decision not to dismiss the
indictment, we understand that the legal threshold to continue even an
ill-conceived prosecution is very low," Raiser and Kenniff said in a
statement. "We are confident that a jury, aware of Danny�s actions in
putting aside his own safety to protect the lives of his fellow riders,
will deliver a just verdict. Danny is grateful for the continued prayers
and support through this difficult process.�

Penny, 24, has pleaded not guilty to second-degree manslaughter and
criminally negligent homicide in the May 1 death of Neely, a former
Michael Jackson impersonator who was shouting and begging for money on the
Manhattan train, according to witnesses.

Penny pinned him to the ground with the help of two other passengers and
held him in a chokehold for more than three minutes. Neely, 30, lost
consciousness during the struggle.

The chokehold death, which was caught on bystander video, prompted fierce
debate, with some praising Penny as a good Samaritan and others accusing
him of racist vigilantism. Penny is white and Neely was Black.

In an October court filing, Penny's attorneys highlighted testimony from
grand jury witnesses who were on the May 1 train. One of those riders, the
motion reads, was afraid he �was going to die� when Neely approached.

To get a manslaughter conviction, which carries a prison sentence of up to
15 years, prosecutors would have to prove Penny recklessly caused Neely's
death while being aware of the risk of serious harm.

A conviction for criminally negligent homicide would require the jury to
find that Penny unjustifiably put Neely at risk of death, but failed to
perceive that risk. The maximum penalty would be four years in prison.

Penny, who served in the Marines for four years and was discharged in
2021, has said he acted to protect himself and others from Neely. In a
video statement released by his lawyers weeks after the incident, Penny
claimed Neely repeatedly said �I�m gonna kill you,� and that he was ready
to die or spend his life in prison.

Neely's family members and their supporters have said Neely, who struggled
with mental illness and homelessness, was crying out for help and was met
with violence.

https://www.nbcnewyork.com/news/local/daniel-penny-homicide-jordan-neely-
chokehold-subway/5047919/