Judge Denies Motion To Charges Against Daniel Penny

A judge in New York City denied former Marine Daniel Penny’s motion to dismiss the case against Penny who is accused of killing Jordan Neely with a chokehold last May on a Subway.

The Manhattan District Attorney’s Office filed criminal charges of second-degree manslaughter and criminally negligent homicide. Penny pleaded not guilty.

“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,” Penny’s attorney, Thomas Kenniff, said in a statement.

According to ABC News, Penny will return to court on March 20 and his trial will begin no earlier than the fall.

Penny choked Neely to death on the Subway care in May 2023, but has since argued that he stepped in to “defend himself and others” from Neely who was acting erratic and “insanely threatening.”

“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,” Kenniff said in an emailed statement.

Prosecutors argue that Penny held the chokehold for six minutes which is “well past the point when Neely stopped purposeful movement.”

Donte Mills is Neely’s family’s attorney and called the judge’s decision a big win for his client while speaking to reporters after court.

“I think it’s important to know that the grand jury said Daniel Penny should face charges for killing Jordan Neely,” Mills said. “We’re coming back here in March, and our expectation is that Daniel Penny is going to be found guilty for killing Mr. Jordan.”

While police have said that Neely was not threatening Penny or any other person in particular, Penny disagreed. Penny said, while speaking about the incident back in June, that his actions were done to protect the other passengers on the train.

“The three main threats that he repeated over and over were ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life,’ and ‘I’m willing to die’,” Penny said.