A judge in New York City denied Daniel Penny’s motion to dismiss the criminal case against him for killing Jordan Neely with a chokehold on a subway last May.
Penny’s attorney expressed disappointment but remains confident in a just verdict.
Neely’s family attorney sees the decision as a “big win” as the case moves forward.
The altercation stemmed from Neely’s erratic behavior, leading Penny to intervene, resulting in Neely losing consciousness and later dying.
“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 attorney Thomas Kenniff stated.
“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) attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn’t work,” Neely’s family attorney Donte Mills stated. “The criminal charges against Daniel Penny will move forward.”
The case has sparked racial justice protests, with differing views on Penny’s actions.
Notably, Penny, a Marine veteran, rejected accusations of racism, emphasizing that he was protecting minorities on the train.
“It was self-defense, and I believe in my heart that he saved a lot of people that day,” one witness said.
The case is ongoing, with Penny due back in court on March 20.
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