In a courtroom development on Wednesday, a judge refused to dismiss the case against Daniel Penny, a U.S. Marine veteran facing charges of second-degree manslaughter and criminally negligent homicide.
These charges arise from a tragic incident that occurred last May on a New York City subway train, where Penny is accused of placing Jordan Neely, a former Michael Jackson impersonator, in a fatal chokehold.
Penny, maintaining his plea of not guilty, found himself entangled in a confrontation with Neely on the Manhattan train. Witnesses reported Neely shouting and soliciting money during the incident.
In response, Penny, assisted by two other passengers, subdued Neely by pinning him to the ground and maintaining a chokehold for an agonizing three-plus minutes. The struggle took a grim turn as Neely, aged 30, lost consciousness during the altercation.
The judge’s decision not to dismiss the case signifies that legal proceedings will proceed, allowing for a comprehensive examination of the events leading to Neely’s unfortunate demise.