Judge denies request to dismiss charges against Daniel Penny in deadly chokehold of Jordan Neely on F train in SoHo
NEW YORK -- A former Marine facing manslaughter charges was back in court Wednesday in connection with the chokehold death of a homeless street performer on a subway train. A judge denied the defense's request to dismiss charges.
Attorneys said the case will move forward to trial, which the judge said will likely not begin until at least the fall.
Daniel Penny arrived at Manhattan Criminal Court appearing somber and did not speak to reporters.
Last summer, a grand jury indicted the 24-year-old on manslaughter in the second degree and criminally negligent homicide.
His attorneys say their client was defending himself and other subway passengers when he put Jordan Neely into a chokehold, resulting in his death.
On May 1, 2023, according to court documents, 30-year-old Neely entered an F train subway car and began making verbal threats to passengers. Witnesses said Neely, a homeless street performer with a history of mental illness who was known to police, was acting irate.
Court documents say Penny approached Neely from behind and put him into a chokehold, which he kept in place for several minutes, including after Neely's body stopped moving.
First responders attempted to resuscitative Neely, and he was later pronounced dead at the hospital. The medical examiner ruled his death a homicide.
The incident sparked outrage and demonstrations across New York City.
Neely's father did not speak Wednesday, but stood alongside the family's attorney.
"This was a win today, a big win. I think it's important to know the grand jury said Daniel Penny should face charges for killing Jordan Neely," attorney Donte Mills said.
Penny's next court date is scheduled for March 20. An exact trial date has not been set.
