On Wednesday, a Manhattan judge denied a motion to dismiss several indictments filed against Marine Daniel Penny in relation to the death of an erratic ex-convict.
The incident in question occurred on May 21, when Jordan Neely — who had been arrested 44 times for “criminal conduct” and, at the time, “had an outstanding warrant for felony assault” — began threatening and getting violent with NYC subway passengers. During the episode, Neely allegedly kept repeating the phrases, “I’m going to kill you,” “I’m prepared to go to jail for life,” and “I’m willing to die.”
In response, Penny and two of his fellow passengers attempted to restrain Neely, which involved the former placing the latter in a headlock. Neely ultimately died during the encounter, with NYC’s medical examiner ruling the death a homicide.
Penny — who is currently free on $100,000 bail — was indicted by a grand jury in June “on one count each of criminally negligent homicide and second-degree manslaughter.” If convicted, the former Marine could face up to 19 years in prison, according to the New York Post.
In his Wednesday ruling, Judge Maxwell Wiley reportedly denied Penny’s motion to dismiss the manslaughter case “because of alleged issues with prosecutors’ instructions to the grand jury and claims that the medical examiner didn’t establish that Penny’s actions killed Neely.” According to the Post, Wiley claimed Neely’s death certificate and testimony from the case’s medical examiner provided enough corroboration to “establish that defendant’s actions caused the death of Neely.”
Penny’s next court hearing is scheduled for
