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Judge Denies Dismissal of Case Against Navy Veteran Accused of Subway Strangling

What to know

  • A judge has refused to dismiss the case against a US Navy veteran accused of involuntary manslaughter for fatally strangling a man aboard a New York City subway train.
  • Daniel Penny has pleaded not guilty to charges of second-degree murder and criminally negligent homicide in the death last May of Jordan Neely, who witnesses said was yelling and begging for money on the Manhattan train.
  • Penny has said he acted to protect himself and others. Last year, his attorneys filed a motion seeking dismissal of the case, which was denied in court Wednesday.

NEW YORK — A judge on Wednesday refused to dismiss the case against a U.S. Navy veteran charged with involuntary manslaughter for fatally strangling a man aboard a New York City subway train.

Daniel Penny has pleaded not guilty to charges of second-degree murder and criminally negligent homicide in the death last May of Jordan Neely, a former Michael Jackson impersonator who witnesses said was yelling and begging for money on a Manhattan train. .

Penny pinned Neely to the ground with the help of two other passengers and strangled him for more than three minutes. Neely, 30, lost consciousness during the struggle.

Penny has said he acted to protect himself and others. His attorneys filed a motion seeking dismissal of the indictment, which was dismissed in court Wednesday.

Penny’s lawyers said after the decision that they were awaiting the trial, which could begin in the fall.

“We are confident that a jury, mindful of Danny’s actions in putting aside his own safety to protect the lives of his colleagues, will render a fair verdict,” attorneys Steven Raiser and Thomas Kenniff said in a statement.

Penny is white and Neely was black. And Neely’s death became a flashpoint in the ongoing national debate over racial justice and crime. While some people hailed Penny as a hero, others accused him of racist vigilantism.

Neely had struggled with mental illness and homelessness. His family and supporters say he was screaming for help on the subway and was met with violence.

2024-01-18 03:56:35
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