A New York City judge has denied a motion to dismiss the case against the Marine veteran who held down a homeless man threatening people in a subway car.
Daniel Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely.
Judge Maxwell Wiley rejected the motion during a hearing on Jan. 17.
Penny’s lawyer had requested the case be dismissed in October.
“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,” said Penny's lawyers in a statement, per ABC News. "We are confident that the evidence presented to the grand jury was legally deficient. The passengers on that train overwhelmingly support Danny and his account of the incident. Mr. Neely was a threat and people feared for their lives.”
Neely was a chronically homeless Michael Jackson impersonator with a history of threatening people on the subway and mental health issues. He had been arrested more than 40 times.
In the hours leading up to his death, witnesses told police Neely was acting in a manner described as “hostile and erratic.” Law enforcement had received multiple calls concerning a man at the station “with a knife or gun.”
He launched into a threatening rant aboard the F train.
“I don’t have food, I don’t have a drink, I’m fed up. I don’t mind going to jail and getting life in prison. I’m ready to die,” he told passengers.
Penny and other men aboard the train tried to subdue Neely out of concern for the safety of the other passengers. Ultimately, Penny held Neely in a chokehold. Neely fell unconscious and was ultimately pronounced dead. The incident was caught on video and was widely shared on social media.
“The killing gained widespread public attention, with some viewing Neely, who was Black, as a victim of a vigilante, and others, including some Republican politicians, feting Penny as a hero,” reports The Gazette.
Penny was 24 years old at the time and Neely was 30. Neely’s death prompted citywide protests involving Black Lives Matter activists.
Police initially interviewed Penny and released him. The veteran later surrendered to the New York Police Department on May 12, less than 24 hours after the Manhattan District Attorney’s Office announced it would pursue his prosecution. He was released on a $100,000 bond.
"(Penny's) attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn’t work," said Donte Mills, an attorney for Neely’s family, in a Jan. 17 statement, per Fox News. "The criminal charges against Daniel Penny will move forward."
If convicted, Penny could face up to 15 years in prison.
A fundraiser set up to cover the costs of Penny’s legal expenses surpassed over $2.5 million following donations from more than 43,600 people.
The next court date is March 20.
