Daniel Penny, the Marine accused of allegedly choking homeless subway street performer Jordan Neely to death last year aboard a Manhattan train, will face a criminal trial, a judge ruled Wednesday.
Penny returned to criminal court in Lower Manhattan on Jan. 17 flanked by court officers. Appearing before Judge Maxwell Wiley for the first time in 2024, Penny sought to have his charges dismissed. Those hopes were quickly dismissed, however, when Judge Wiley denied Penny’s motion, and setting forth a trial to commence later this year.
Neely’s death sparked mass protests in May after his death was caught on camera, and the footage quickly went viral on social media. Penny’s defense team alleges that Neely — who was known to dress as Michael Jackson and busk in the transit system — was threatening straphangers, prompting Penny to step in.
Several eyewitnesses, on the other hand, have accused Penny of allegedly putting Neely in the fatal chokehold without provocation.
After Wednesday’s hearing, Neely family attorney Dante Mills expressed relief that the trial against Penny will go on.
“The judge denied the motion to dismiss the case,” Mills said as he stood next to Neely’s father. “We know now that this case will move forward, that Daniel Penny will stand for these charges, he will have to face a jury.”
Andre Zachary, Neely’s father, refused to speak on the case.
Penny’s legal team responded to the judge’s decision to not dismiss the charges, calling the prosecution “ill-conceived.”
“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 attorneys Steven Raiser and Thomas Kenniff in a joint statement. “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.”
Penny’s court appearance lasted a matter of minutes, after which he was ushered inside an awaiting car; a handful of enraged protesters then briefly chased after the vehicle.
“I am not going to let no white man choke out a black man and get away with it,” protester Relly Rebal said, rushing after the car as it sped away. “Murderer!”
An array of court officers rushed into the roadway to separate the fuming protesters. No arrests were made.
Following the court appearance, Mills was asked about the possibility of synthetic marijuana being in Neely’s system when he died, something which Penny’s defenders claim may have caused Neely to behave erratically prior to the deadly incident. But Mills said that wasn’t the case.
“We have a video there that shows Jordan was not fighting back. There’s no evidence to suggest he did anything harmful to anyone on that train. So, whether or not he had marijuana in his system, it doesn’t make a difference. He was killed for no reason,” Mills said.
Penny is due back in court on March 20 for the next hearing.
