Judge denies Marine vet Daniel Penny's motion to dismiss case in subway chokehold death

[Leroy N. Soetoro]

https://www.foxnews.com/us/ny-judge-consider-marine-vet-daniel-pennys-
motion-dismiss-case-jordan-neely-subway-chokehold-death

A New York City judge denied Daniel Penny's motion to dismiss the criminal
case against the Marine veteran, who killed Jordan Neely with a chokehold
on a subway last May.

"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,
said in a statement after Penny appeared in court 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."

Donte Mills, Neely's family attorney, said Judge Maxwell Wiley's decision
was a "big win."

"(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."

In addition to asking for the indictment to be dismissed, Penny's lawyers
wanted the court to suppress Penny’s statements to law enforcement,
invalidate search warrants and suppress any evidence obtained.

Those motions are "still outstanding," Mills said. "But we know now that
this case will move forward."

The case stems from a May 1, 2023 altercation on the F subway train in
Manhattan, where witnesses say Neely, a homeless man and former Michael
Jackson impersonator, was shouting and begging for money.

Penny pinned Neely to the ground with the help of two other passengers and
held him in a chokehold for several minutes, according to prosecutors.

Penny's lawyers argued in court filings that Neely's erratic behavior was
"insanely threatening," and the Marine veteran stepped in to defend
himself and other passengers.

Eleven days after the fatal incident, Penny turned himself in to the
Manhattan District Attorney's Office, which filed criminal charges of
second-degree manslaughter and criminally negligent homicide. Penny
pleaded not guilty.

Videos that captured Penny, who is White, holding Neely, who was Black, in
a chokehold on the subway went viral and sparked racial justice protests.

Protesters outside the courthouse on Wednesday shouted at Penny and called
him a murderer, while others have hailed him as a hero who defended New
Yorkers.

He was released the same day he turned himself in on $100,000 cash bail
and was ordered to turn over his passport. He is due back in court on
March 20.

Notably, celebrity civil rights activist Rev. Al Sharpton gave a eulogy at
Neely’s funeral, blasting the decision not to arrest Penny on the spot.

WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’

Penny, a former infantry squad leader and an instructor in water survival
deployed twice from 2017 to 2021, rejected accusations that his actions
were racist, telling Fox News Digital in an interview over the summer,
"The majority of the people on that train that I was protecting were
minorities, so it definitely hurts a lot to be called that."

Neely, who struggled with mental illness, had been arrested more than 40
times, including for numerous violent assaults on strangers in the subway,
and was on the city’s "Top 50" list of homeless people most in need of
outreach, the New York Post previously reported.

One witness, who described herself as a woman of color, previously told
Fox News Digital that Neely boarded the subway train that May 1 afternoon,
ranting, "I don’t care if I have to kill an F, I will. I’ll go to jail,
I’ll take a bullet."

"It was self-defense, and I believe in my heart that he saved a lot of
people that day," the woman said.

Daniel Penny's Legal Defense Fund
https://www.givesendgo.com/daniel_penny

--
We live in a time where intelligent people are being silenced so that
stupid people won't be offended.

Durham Report: The FBI has an integrity problem. It has none.

No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Officially made Nancy Pelosi a two-time impeachment loser.

Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.

President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.