Daniel Penny has pleaded not responsible to expenses of second-degree manslaughter and criminally negligent murder within the demise final Might of Jordan Neely, a former Michael Jackson impersonator who witnesses say was shouting and begging for cash on a Manhattan prepare.
Penny pinned Neely to the bottom with the assistance of two different passengers and held him in a chokehold for greater than three minutes. Neely, 30, misplaced consciousness through the wrestle.
Penny has mentioned he acted to guard himself and others. His attorneys filed a movement looking for dismissal of the indictment, which was denied in court docket on Wednesday.
Penny’s attorneys mentioned after the choice that they have been looking forward to the trial, which may start within the fall.
“We’re assured {that a} jury, conscious of Dannys actions in placing apart his personal security to guard the lives of his fellow riders, will ship a simply verdict,” attorneys Steven Raiser and Thomas Kenniff mentioned in an announcement.
Penny is white and Neely was Black. And Neely’s demise grew to become a flashpoint within the nations ongoing debate over racial justice and crime. As some folks hailed Penny as a hero, others accused him of racist vigilantism.
Neely had struggled with psychological sickness and homelessness. His household and supporters say he was crying out for assist in the subway and was met with violence.