Lawyers for Daniel Penny file motion to dismiss deadly subway chokehold case

NEW YORK -- Lawyers for Daniel Penny filed a motion Tuesday to get the deadly subway chokehold case against him dismissed.

Penny, a former Marine, is accused of second-degree manslaughter in the death of Jordan Neely back in May.

Penny said Neely, a street artist experiencing homelessness, had been acting erratically.

• Read more: Daniel Penny pleads not guilty to criminally negligent homicide, manslaughter in chokehold of Jordan Neely on subway in SoHo

In their motion, lawyers for Penny cited testimony from witnesses on the train at the time who said they feared for their lives.

The Manhattan district attorney's office has not commented on the new motion but is expected to file a response soon.

In:
• Jordan Neely
• Daniel Penny