Judge Rejects Dismissal: Marine Veteran To Face Charges In Fatal Subway Chokehold Case

The incident occurred on the F train in Manhattan when subway performer Jordan Neely engaged in what witnesses described as a "somewhat aggressive speech."

A New York City judge has ruled against dismissing the case of Daniel Penny, the Marine veteran accused of placing subway performer Jordan Neely in a fatal chokehold last year. Penny, 25, had pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in connection with Neely’s death on May 1, NBC News reports. The incident occurred on the F train in Manhattan when Neely, a known subway busker performing as Michael Jackson, engaged in what witnesses described as “somewhat aggressive speech” about being thirsty and hungry.

Video evidence captured by witness Juan Alberto Vazquez revealed Penny holding Neely in a chokehold on the ground, with two other passengers assisting in restraining him. The chokehold reportedly lasted about 15 minutes. Penny, who is white, claimed self-defense, asserting that Neely had become threatening towards passengers. In October, Penny’s attorneys sought a dismissal, arguing that Neely’s behavior had created a fear among passengers, but the judge ruled against it.

At the time of the altercation, Neely was homeless and struggling with mental health issues, having faced challenges since his mother’s murder in 2007. The judge’s decision not to dismiss the case was welcomed by Dante Mills, an attorney for Neely’s family, who emphasized the significance of holding Penny accountable for the charges. Mills expressed confidence in a guilty verdict when the trial resumes in March.

Attorneys for Penny expressed disappointment with the judge’s decision but expressed confidence that a jury, aware of Penny’s actions in protecting fellow riders, would deliver a just verdict. They stressed that Penny put aside his own safety to intervene during the incident. Neely was found unconscious when officers arrived at the subway station and was pronounced dead at the hospital. The medical examiner ruled his cause of death as “compression of neck (chokehold)” and classified it as a homicide.

The case has sparked a national debate on issues such as homelessness, mental health, and violence within the subway system. Penny is scheduled to appear in court on March 20, and the proceedings are expected to shed light on the circumstances surrounding Neely’s tragic death.