Judge denies Marine vet Daniel Penny's motion to dismiss case in subway chokehold death
Fox News
Daniel Penny is expected back in a New York City courtroom Wednesday as a judge weighs a dismissal motion in case over Jordan Neely's subway chokehold death.
"(Penny's) attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn’t work," Mills said after Wednesday morning's ruling. "The criminal charges against Daniel Penny will move forward." Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to danielle.wallace@fox.com and on Twitter: @danimwallace.
A U.S. Marine veteran, Penny, 24, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1, 2023, death of Neely, a homeless man and former Michael Jackson impersonator who witnesses reported was shouting and begging for money on the F subway train in Manhattan.
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