Court refuses to drop charges against Marine veteran involved in fatal incident on NYC subway

Daniel PennyPhoto byFrank Franklin II

The case against the United States Marine who is accused of manslaughter for putting another man in a fatal chokehold on a New York City subway train was not dismissed by a court on Wednesday.

Former Michael Jackson impersonator Jordan Neely was killed in May of last year while allegedly yelling and pleading for money on a Manhattan subway. Daniel Penny is facing charges of second-degree manslaughter and criminally negligent homicide in connection with this incident. Neely pled not guilty to the accusations.

With the assistance of two other passengers, Penny put Neely in a chokehold and kept him there for over three minutes. During the tussle, 30-year-old Neely lost consciousness.

He took action, according to Penny, in order to defend himself and others. Court refused his motion to dismiss the charge on Wednesday, despite his attorneys' best efforts.

Following the ruling, Penny's lawyers stated their intention to proceed with the trial.

Steven Raiser and Thomas Kenniff, Danny's attorneys, expressed their confidence in the jury's ability to render a fair verdict after considering his selfless sacrifice in protecting his fellow riders.

Penny is Caucasian whereas Neely is Black. The murder of Neely also sparked a new round of heated discussions about race and criminality in the United States. Penny was accused of racist vigilantism while others praised him as a hero.

Homelessness and mental illness were challenges that Neely had to overcome. According to his loved ones and advocates, he was attacked while pleading for assistance in the train.

Edited by Newsbreak Contributor Denys Shybinskiy