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A New York City judge on Wednesday declined to dismiss the case against Daniel Penny, the Marine veteran who placed a Black subway rider, Jordan Neely, in a fatal chokehold last year.
Penny, 25, pleaded not guilty in June after a grand jury indicted him on charges of second-degree manslaughter and criminally negligent homicide in the May 1 death of Neely, 30, a known subway busker who performed dance routines in costume as Michael Jackson.
Penny and Neely were riding the F train in Manhattan when the latter began a “somewhat aggressive speech” about how he was thirsty and hungry, witness Juan Alberto Vazquez has told NBC New York. Vazquez caught some of the altercation on camera.
The video showed Penny on the ground holding Neely in a chokehold while two other subway passengers helped restrain him. Vazquez said the chokehold lasted about 15 minutes.
Penny, who is white, said he was defending himself and other passengers after Neely “began aggressively threatening” people. In October, his attorneys filed court documents seeking a dismissal of the case, saying one of the passengers was afraid he “was going to die” when Neely approached, NBC New York reported.
At the time of his death, Neely was homeless and had mental health issues. His family said he had struggled since his mother was murdered in 2007.
Neely was unconscious when officers arrived at the Broadway and East Houston Street subway station. He was pronounced dead at the hospital, police said. The city’s medical examiner said he died from “compression of neck (chokehold)” and ruled his manner of death a homicide.
His death sparked a national debate and demands to address homelessness, mental health and violence on subways.
Penny is due back in court on March 20.
