Daniel Penny trial in Jordan Neely chokehold death expected this fall – NBC New York

A pass judgement on has denied a movement via lawyers for Daniel Penny, the U.S. Marine veteran who positioned Jordan Neely in a dangerous chokehold aboard a New York City subway ultimate yr, to push aside the case.

The determination got here in courtroom on Wednesday. The pass judgement on ordered Penny again to courtroom in past due March. His trial is tentatively expected to start out in the fall.

Penny’s attorneys Steven Raiser and Thomas Kenniff mentioned they disagree with the pass judgement on’s determination.

“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,” Raiser and Kenniff said in a statement. “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.”

Penny, 24, has pleaded now not in charge to second-degree manslaughter and criminally negligent murder in the May 1 death of Neely, a former Michael Jackson impersonator who used to be shouting and begging for cash at the Manhattan teach, in keeping with witnesses.

Penny pinned him to the bottom with the assistance of two different passengers and held him in a chokehold for greater than 3 mins. Neely, 30, misplaced awareness throughout the fight.

The chokehold death, which used to be stuck on bystander video, brought on fierce debate, with some praising Penny as a just right Samaritan and others accusing him of racist vigilantism. Penny is white and Neely used to be Black.

In an October courtroom submitting, Penny’s lawyers highlighted testimony from grand jury witnesses who have been at the May 1 teach. One of the ones riders, the movement reads, used to be afraid he “was going to die” when Neely approached.

To get a manslaughter conviction, which carries a jail sentence of as much as 15 years, prosecutors must turn out Penny recklessly led to Neely’s death whilst being acutely aware of the danger of significant hurt.

A conviction for criminally negligent murder will require the jury to search out that Penny unjustifiably put Neely vulnerable to death, however didn’t understand that possibility. The most penalty could be 4 years in jail.

Penny, who served in the Marines for 4 years and used to be discharged in 2021, has mentioned he acted to offer protection to himself and others from Neely. In a video commentary launched via his attorneys weeks after the incident, Penny claimed Neely again and again mentioned “I’m gonna kill you,” and that he used to be able to die or spend his lifestyles in jail.

Neely’s members of the family and their supporters have mentioned Neely, who struggled with psychological sickness and homelessness, used to be crying out for assist and used to be met with violence.