Judge denies dismissal of Subway death case against Daniel Penny
Marine Veteran Faces Setback in Subway Death Case
Marine veteran Daniel Penny experienced a setback on Wednesday as he fought to put an end to a high-profile New York City subway death case against him.
A judge denied Penny’s motion to dismiss the charges in connection to the May 2023 incident. Penny, 25, is accused of restraining Jordan Neely, a homeless man who was allegedly threatening passengers on a subway car. Tragically, Neely appeared to lose consciousness and later died. Penny pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide, which carry sentences of up to 15 years and four years, respectively.
Daniel Penny, accused in subway chokehold death of Jordan Neely, appears in court today for dismissal hearing pic.twitter.com/BWtyG1ig6n
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“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,” Penny’s lawyers said in a statement on Wednesday. ”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 lawyers filed a motion to dismiss the case in October, claiming that Neely had aggressively threatened people on the train. They insisted that their client did not intend to harm Neely and that Penny and others acted in self-defense until help arrived. Witnesses described Neely, a 30-year-old homeless street performer with mental issues and an extensive criminal record, exhibiting “satanic” behavior and making threats of violence, according to court documents.
Bystander video footage showed Penny restraining Neely in a headlock, and Neely appeared to lose consciousness. Neely was later pronounced dead at a hospital. New York City’s medical examiner ruled his death a homicide due to “compression of neck (chokehold)” but did not assign culpability. Penny, arrested amidst protests following the subway incident, is currently free on $100,000 bail.
Manhattan Supreme Court Judge Maxwell Wiley, who rejected the motion to dismiss the case, stated that he needed more time to decide on a separate request by the defense to suppress search warrant evidence, according to the New York Daily News. The case is set to return to court on March 20.
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Dante Mills, an attorney representing Neely’s family, hailed the judge’s ruling as a “big win.” He stated, according to NBC News, “I think it’s important to know that the grand jury said Daniel Penny should face charges for killing Jordan Neely. His attorneys tried to get the judge to overrule that, to say that what the grand jury said didn’t matter, but the judge didn’t do that. The judge said Daniel Penny will face these charges.”
Mills also expressed confidence that Penny will be found guilty for killing Mr. Jordan when the case returns to court in March.
In video clips released by his lawyers last year, Penny denied that race played a role in his actions. He dismissed claims that he targeted Neely because of his race, stating, “I didn’t see a black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color.”
How will the court determine whether Daniel Penny’s actions were justified and whether they exceeded the limits of self-defense?
Tan District Attorney Cyrus Vance Jr. argued against the dismissal of the charges, stating that there was enough evidence to proceed with the case. The judge agreed, denying Penny’s motion to dismiss.
The case surrounding Daniel Penny and the death of Jordan Neely has gained significant attention and raised important questions about self-defense and the appropriate use of force in defending oneself and others. Witnesses have come forward to share their accounts of Neely’s threatening behavior and the fear they felt during the incident. Penny’s lawyers argue that he acted in self-defense and in the defense of those around him, highlighting his military background and his commitment to protecting others.
However, the court must now determine whether Penny’s actions were justified and whether they went beyond the limits of self-defense. The charges of second-degree manslaughter and criminally negligent homicide carry serious penalties and require careful examination of the evidence and legal standards.
It is important to note that the medical examiner ruled Neely’s death as a homicide due to the compression of the neck in a chokehold. While the ruling does not assign culpability, it does raise questions about the use of force and the responsibility to ensure the safety and well-being of others.
The decision to deny the motion to dismiss does not determine Penny’s guilt, but rather allows the case to proceed to trial. It is now up to a jury to determine whether Penny’s actions were justified and whether he is guilty of the charges brought against him.
This case raises broader discussions about the treatment and care of individuals experiencing homelessness and mental health issues. Neely’s history of mental illness and his struggles with the law create a complex backdrop to the incident. It underscores the need for comprehensive support systems and resources to help individuals in vulnerable situations, reducing the risk of confrontations and tragic outcomes.
As this high-profile case continues, it is essential to remember the principles of due process and the presumption of innocence. Both Neely and Penny have become central figures in this tragedy, and justice requires a fair and impartial examination of the facts.
While Penny faces a setback in his bid to dismiss the charges, his lawyers remain hopeful that a jury will recognize his intent to protect others and deliver a just verdict. The outcome of this case will have implications not only for Penny but for the broader conversation surrounding self-defense and the use of force.
In the end, it is crucial that we approach this case with fairness, empathy, and a commitment to ensuring justice for all those affected by this tragic incident.
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