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

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.

Penny's attorneys argue that the victim, Jordan Neely, was "insanely threatening" at the time of the incident.

Prosecutors argue that Penny maintained his chokehold on Neely's neck for six minutes, well past the point when Neely stopped "purposeful movement."

Penny has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in connection with Neely's death.

Video footage captured Penny holding Neely in a chokehold for several minutes. At some point, Neely stopped moving, but Penny continued to hold him for an extended period of time, Assistant District Attorney Joshua Steinglass, told the judge during Penny's initial appearance in court on May 12.

Penny remained on the scene to talk with police following the incident, Steinglass said.

Some witnesses told police that Neely was yelling and harassing passengers on the train, authorities said.

Police sources had previously told ABC News that Penny was not specifically being threatened by Neely when he intervened and that Neely had not become violent and had not been threatening anyone in particular.

Penny's attorneys have said that he was defending himself and others when he put Neely into the chokehold that caused his death.

Neely was homeless at the time of the incident.