NEW YORK — Former Marine Daniel Penny, who placed Jordan Neely in a deadly chokehold aboard a Manhattan subway train last year, lost his bid Wednesday to dismiss the charges against him.
Manhattan Supreme Court Judge Maxwell Wiley denied Penny's motion to dismiss in a hearing Wednesday morning. The judge said he needed more time to decide on another defense motion to suppress search warrant evidence.
Penny, who's charged with manslaughter and criminally negligent homicide, isn't expected to to go to trial until at least this fall.
A small group of protesters chased Penny as he got into a car to leave the courthouse Wednesday, briefly blocking his vehicle at one point as they shouted at him.
“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,” Kenny's lawyers, Steven Raiser and Thomas Kenniff, said in a statement 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.”
Penny, who is white, put Neely — a Black 30-year-old Michael Jackson impersonator with a history of mental illness and multiple arrests — into a fatal chokehold on an uptown F train on May 1, 2023.
“This was a win today, a big win,” said Donte Mills, a lawyer for Neely's…