Judge Denies Daniel Penny's Bid To Dismiss NYC Subway Chokehold Case

NEW YORK CITY — Daniel Penny moved one step closer to trial in Jordan Neely's subway chokehold death.

A judge on Wednesday morning denied Penny's motion to dismiss the manslaughter and criminally negligent homicide charges against him.

Penny's attorneys tried to argue that evidence presented to a grand jury — including a death certificate that states Neely's May 1, 2023 death was caused by a chokehold — didn't justify the charges against him.

But the judge disagreed.

"The evidence was legally sufficient to establish that defendant's actions caused the death of Neely," an order from Judge Maxwell Wiley said.

The decision means Penny, a former Marine, is more likely to appear for a high-profile and racially charged trial about his actions on an F train last year.

Penny put Neely in a minutes-long chokehold after the Michael Jackson impersonator with a history of mental illness made threats to other passengers on the train. A widely seen video shows Penny continue to hold Neely even after Neely stopped moving.

Prosecutors argued that Penny's actions were overkill, while Penny's lawyers and supporters maintain he acted in self-defense for his fellow straphangers.

Penny is next due in Manhattan court on March 20 for a conference.