In a recent development, a New York judge has rejected the motion to dismiss the case against Daniel Penny, a U.S. Marine indicted last year in connection with the chokehold death of a subway performer.
On Wednesday, Manhattan Supreme Court Justice Maxwell Wiley denied Penny’s motion, which sought to dismiss charges of manslaughter and criminally negligent homicide. Penny’s defense team had contended that the 25-year-old acted to safeguard other NYC subway passengers, putting his own life at risk to protect the public.
As CrimeOnline previously reported, Penny was charged last year after he put Neely in a chokehold, resulting in Neely’s death. According to Penny’s lawyers, Neely was screaming and threatening others on May 1, 2023, when Penny put him in a chokehold to subdue him.
Penny argued he didn’t intend to kill Neely, but instead, tried to protect himself and others.
“There’s a common misconception that Marines don’t get scared. We’re actually taught one of our core values is courage, and courage is not the absence of fear but how you handle fear,” Penny later said, following his arrest last year.
“I was scared for myself but I looked around there was women and children, he was yelling in their faces saying these threats. I just couldn’t sit still.”
Penny’s lawyers released videos taken by onlookers of the incident, which showed the defendant placing his arm around Neely’s neck after the victim allegedly threatened to kill people. Penny reportedly had Neely in a chokehold for around three minutes.
Despite this, Wiley ordered the trial to proceed, based on evidence presented in the case.
“The Court has reviewed the cases cited by [the] defendant in light of the evidence presented and finds that, here, the evidence was legally sufficient to establish that [the] defendant acted with both recklessness and criminal negligence,” Judge Maxwell Wiley said in the decision, according to ABC News.
Neely family attorney, Donte Mills, said in a statement Wednesday that the decision “a big win for Neely, his family and their supporters.”
Meanwhile, Penny’s legal team disagreed with the decision and reiterated that the defendant acted in self-defense.
“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 lawyers, Steven Raiser and Thomas Kenniff. “
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.”
If convicted of the felony manslaughter charge, Penny faces up to 15 years in prison.
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[Feature Photo: Daniel Penny leaves Manhattan Criminal Court on Friday, May 12, 2023, in New York. Penny, 24, a U.S. Marine Corps veteran, appeared in court hours after turning himself in at a police station after prosecutors said they were charging him in connection with the May 1 death of Jordan Neely. (AP Photo/Brittainy Newman)]
