Ex-Marine who fatally choked NYC subway attacker seeks dismissal of charges

Jordan Neely behaved erratically and threatened violence before being fatally choked by ex-Marine Daniel Penny on a NYC subway train.
Penny's legal team argues the medical examiner failed to properly explain Neely's cause of death as a chokehold.
A legal defense fund for Penny has raised over $2.9 million from supporters who argue he protected other passengers.
Numerous witnesses testified before a grand jury about Neely's threatening behavior prior to the fatal altercation.
Penny's defense team seeks to dismiss the charges, arguing he acted justifiably to protect other passengers.