Judge Denies Dismissal of Charges Against Ex-Marine Daniel Penny in Subway Chokehold Death Case

Penny Faces Trial for Death of Homeless Man Jordan Neely, Sparking Debates on Self-Defense, Race, and Mental Health

Daniel Penny, a former Marine, has had his request to dismiss charges of second-degree manslaughter and criminally negligent homicide denied by a Manhattan judge. The charges relate to the death of Jordan Neely, a homeless man, who Penny placed in a chokehold on a subway train in May 2023.
Penny's defense team argued that Neely was 'insanely threatening' passengers on the train, and that Penny was acting in self-defense. However, the judge ruled that the evidence was legally sufficient to establish that Penny acted with both recklessness and criminal negligence.
Neely, who had a history of mental illness and homelessness, was known for his performances as a Michael Jackson impersonator on the subway. His death sparked protests and debates about homelessness, mental health, and violence on public transportation.
The case has been polarizing, with some viewing Penny as a hero and others accusing him of racist vigilantism. Penny, who is white, has denied that race was a factor in his actions.
Penny is currently free on $100,000 bail and faces up to 19 years in prison if convicted. The next court hearing is scheduled for March 20, with a trial likely to begin in the fall.