A New York court has denied Daniel Penny’s request to drop involuntary manslaughter charges in connection with the death of Jordan Neely, a homeless man who threatened subway passengers before being subdued by the Marine veteran.
Penny, 25, was charged in the May 2023 death of Neely after putting him in a chokehold on a New York City train, claiming the mentally ill man “appeared to be on drugs,” and yelled threats like “I’m going to kill you! I’m prepared to go to jail for life and I’m willing to die.”
After Penny wrestled him to the floor, Neely was pronounced dead at the scene. The medical examiner later ruled it a homicide due to his neck injuries, the Daily Mail reported.
George Soros-linked Manhattan District Attorney Alvin Bragg charged Penny with manslaughter.
Penny’s defense team requested in October that the judge dismiss the manslaughter charges, doubting the medical examiner’s conclusion and highlighting the fact that Neely had synthetic drugs in his system at the time of the incident, which could have contributed to his death.
In addition to the drugs, Penny’s attorneys pointed out that witnesses also perceived Neely to be a serious threat, and that he had a long criminal history including violence.
“I’m sitting on a train reading my book, and, all of a sudden, I hear someone spewing this rhetoric,” one 60-year-old eyewitness told Fox News. “He said, ‘I don’t care if I have to kill an F, I will. I’ll go to jail, I’ll take a bullet.’”
The retiree said passengers were crowding around the exit signs and that they were all “scared for our lives.”
Neely had 42 prior arrests and an active warrant at the time of his death, Newsweek reported.
In a November 2021 incident, Neely attacked a 67-year-old woman, leaving her with a broken nose and black eye.