(NEW YORK) — A judge is expected to decide Wednesday if he will dismiss involuntary manslaughter charges against Daniel Penny, a former Marine who choked a man to death on a New York City subway car.
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 the death of Neely on the F train on May 1, 2023, which captured Penny in video footage putting Neely in a chokehold.
Both sides are also expected to hear from the judge on evidentiary matters. No trial date has been set.
Penny held Neely for several minutes, and at some point, Neely stopped moving, but Penny continued to hold him for an extended period of time, according to assistant district attorney Joshua Steinglass, who 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.
The medical examiner determined Neely was killed by a chokehold and his death was ruled a homicide.
Neely was homeless at the time of the incident.
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