(PatriotWise.com) — A superior court judge in New York City on January 17 rejected a motion to dismiss filed by attorneys for Marine veteran Daniel Penny, who in May 2023 subdued homeless man Jordan Neely in a chokehold on a subway car, leading to his death, NBC News reported.
Penny’s attorneys filed the motion to dismiss on October 10, citing grand jury witness testimony from those on the subway on May 1, 2023.
One of the witnesses described Neely’s behavior on the train as “absolutely traumatizing” and said they feared they were “going to die.”
Another witness, who was aboard the train with her child, told the grand jury that she took cover with her son behind his stroller to protect them from Neely, who had been making “half-lunge movements” less than six inches away from people.
The defense argued that Penny “risked his own life and safety” to protect the other passengers on the train after Neely became aggressive and began behaving erratically.
However, Manhattan Supreme Court Justice Maxwell Wiley denied the motion
The Neely family’s attorney, Donte Mills, celebrated Judge Wiley’s decision, calling it a “big win” for the family and their supporters, the Washington Post reported.
Penny’s attorneys, Thomas Kenniff and Steven Raiser, blasted the decision, calling the case against Penny an “ill-conceived prosecution.” They said in a statement after the hearing that they were confident that a jury would arrive at a “just verdict” when they learned that Penny put his safety aside to “protect the lives of his fellow riders.”
The 25-year-old Marine Corps veteran pleaded not guilty in June after the grand jury indicted him on second-degree manslaughter and criminally negligent homicide.
Neely and Penny were on the F-train in Manhattan when the homeless man grew aggressive and confrontational. Video footage from the incident showed Penny holding Neely in a chokehold on the floor while two other passengers helped to restrain him.
When NYPD officers arrived, Neely was unconscious. He was later pronounced dead at the hospital. According to the medical examiner, Neely’s cause of death was compression of the neck.
Penny will be back in court on March 20.
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