Judge denies Daniel Penny’s motion to dismiss charge in NYC subway death case
OAN’s Abril Elfi
5:24 PM – Wednesday, January 17, 2024
A Manhattan judge has denied Marine veteran Daniel Penny’s motion to dismiss the charges against him in connection to the death of 30-year-old Jordan Neely.
On Wednesday, Judge Maxwell Wiley rejected the motion to dismiss the charges against Penny in the subway chokehold death of Neely, a homeless man with 42 past arrests who was arrested most recently in 2021 for punching a 67-year-old woman in the face, breaking her bones.
Neely was reportedly a Michael Jackson impersonator whose other arrests involved three unprovoked assaults on women in the subway between 2019 and 2021.
Penny’s attorneys moved to have the manslaughter case dismissed by Judge Maxwell Wiley in October, citing problems with the prosecutors’ instructions to the grand jury and the medical examiner’s failure to prove Penny’s actions killed Neely, who had a history of drug abuse.
Neely passed away from “compression of the neck (chokehold),” according to Neely’s death certificate and the ME’s testimony. Wiley decided that this was sufficient evidence to “establish that defendant’s actions caused the death of Neely.”
Additionally, he wrote that the grand jury presentation “had been properly done,” according to the court’s review.
Penny is currently free on $100,000 bail, but if he is found guilty of Neely’s murder, he could spend up to 19 years in prison.
With a lengthy history of severe mental illness, Neely had been consistently threatening other subway riders that day until Penny noticed his actions and walked over behind him to apply the chokehold. The city’s medical examiner asserted that Penny’s chokehold ultimately killed Neely.
However, Penny maintained that he did not “mean to hurt anyone” and especially not kill Neely. He went on to say that he felt compelled to intervene on behalf of the other nearby subway riders when Neely started hurling trash while yelling that he was prepared to “kill a motherf—er,” “take a bullet,” and go to jail.
The next hearing in the case is set for March 20th and a trial will likely start in the fall.
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How does the denial of Daniel Penny’s motion to dismiss the charges highlight the legal limitations on the use of force in self-defense cases?
Anufacture or distribute any narcotics or illegal drugs on the subway, and essentially acted in self-defense to protect himself and fellow passengers from a potentially dangerous individual.”
The case has garnered significant attention and support from various individuals and groups, including law enforcement and veterans’ organizations. Many argue that Penny acted heroically to protect innocent people from a violent assailant, and that his actions should be seen in the context of self-defense.
Nevertheless, Judge Wiley’s decision to deny Penny’s motion to dismiss the charges brings the case one step closer to trial. The prosecution will now have the opportunity to present their case and argue that Penny’s actions were not justified and led to Neely’s death.
It is crucial to note that this case raises important questions about self-defense laws and the use of force in protecting oneself and others. While there is a recognition of the right to self-defense, there are also legal limitations on the use of force.
There are differing opinions on whether Penny’s actions constitute justifiable self-defense or excessive force. Some argue that Penny’s decision to use a chokehold was excessive and disproportionate to the threat posed by Neely. Others contend that Penny acted reasonably given the circumstances and should not be held criminally responsible for Neely’s death.
As the case proceeds, it will be the responsibility of the court to carefully consider the evidence and legal arguments presented by both the prosecution and defense. The outcome of this case will likely have implications for future cases involving self-defense and the use of force in similar situations.
Ultimately, it is crucial to remember that this case involves a tragic loss of life and the potential end of one man’s freedom. The court’s decision will have a significant impact not only on the individuals directly involved, but also on the broader legal landscape surrounding self-defense and the use of force.
The trial date has yet to be set, and it remains to be seen how the case will unfold. In the meantime, supporters of Daniel Penny continue to rally behind him, arguing that he should be recognized for his actions in protecting innocent lives.
As the legal process continues, it is important for both sides to present their arguments and evidence in a fair and impartial manner. The court’s decision will ultimately determine whether Daniel Penny acted within the bounds of the law or crossed a legal threshold in his efforts to protect himself and others on that fateful day in the subway.
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