Judge rejects Daniel Penny's bid to dismiss charge in NYC subway chokehold death

A judge declined to dismiss involuntary manslaughter charges against Daniel Penny, who choked a man to death on the New York City subway.

A judge denied Daniel Penny's motion to dismiss his involuntary manslaughter case over the chokehold death of Jordan Neely on a subway car.

"The Court has reviewed the cases cited by [the] defendant in light of the evidence presented and finds that, here, the evidence was legally sufficient to establish that [the] defendant acted with both recklessness and criminal negligence," Judge Maxwell Wiley said in the decision, pointing to testimony from the medical examiner that attributed Neely's death to trauma to the neck and his movements associated with death in video footage. The medical examiner determined Neely was killed by a chokehold and his death was ruled a homicide.

Penny's case will return to court on March 20. The trial will occur no earlier than the fall, the judge said.

"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, Steven Raiser and Thomas Kenniff. "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."

The former Marine choked Neely to death on a New York City subway car on May 1, 2023.