Judge denies motion to dismiss chokehold subway death case against Marine veteran Daniel Penny

A New York City judge on Wednesday denied a motion from lawyers for Marine veteran Daniel Penny to dismiss a manslaughter case against him.

Last year, Penny was charged with manslaughter in connection with the death of homeless man Jordan Neely on a New York City subway after he put him in chokehold. He pleaded not guilty in June 2023 and is currently free on bond. 

Neely's family attorney, Donte Mills, described Judge Maxwell Wiley's decision as a "big win." 

Penny's "attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn’t work," Mills said, according to Fox News. "The criminal charges against Daniel Penny will move forward."

Wiley ordered Penny to return to court in late March. His trial is expected to take place in the fall.  

Penny is facing two charges of second-degree manslaughter and criminally negligent homicide. He faces up to 19 years in prison if convicted on both charges.

Video shows Penny holding Neely, who had been threatening subway passengers, in a chokehold on May 1.