Ex-Marine faces October trial in fatal attack on NYC subway

March 20 (UPI) -- Daniel Penny, the ex-Marine charged with choking a Black man to death on a New York City subway last year, will head to trial Oct. 8 for manslaughter, a judge announced Wednesday.

Jordan Neely family attorney Lennon Edwards said in a statement outside court Wednesday, "Justice has not been served yet, but we're expecting, we're holding onto the belief that justice will be done in this case."

He added the Neely family is still suffering and in pain while hoping that the trial will show the public a "view of what Daniel Penny really was that day."

The next court date is Sept. 17. A hearing then will determine if videotaped statements Penny made to police the night of Neely's death aboard the F train can be used as evidence in the case.

Penny was first arrested May 12, 2023.

Neely, who was homeless, shouted for roughly three minutes on the train, saying that he had no food and no drink and was "tired." He had a history of mental illness and was acting erratically, but he was not attacking anyone on the train.

Video captured Penny wrapping his arms around Neely's neck and holding them there for 50 seconds after Neely stopped moving.

Penny's chokehold lasted for about six minutes, according to Manhattan prosecutors.

Penny's lawyers said his actions were done in self-defense and to protect others on the train.

In a previous statement, attorneys Steven Raiser and Thomas Kenniff said, "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."