On Wednesday, a Manhattan judge rejected Marine Daniel Penny's motion to dismiss the charges brought against him after he defended New Yorkers while on the subway by putting Jordan Neely, who was screaming, harassing, and threatening passengers, in a chokehold that led to his death on May 1, 2023.
Judge Maxwell Wiley denied Penny's motion in a written statement, a decision that Neely's family attorney Donte Mills said was a "big win." At the courthouse on Wednesday morning, Penny was met with a number of protesters who called him a murderer. "Daniel Penny is a murderer! He's a murderer! You a murderer!" one demonstrator said while Penny waited in the car outside the courthouse. "There's a murderer in this car! He choked out a New Yorker!"
"I think it's important to know that the grand jury said Daniel Penny should face charges for killing Jordan Neely," Neely's family attorney said about the case. "His attorneys tried to get the judge to overrule that, to say what the grand jury said didn't matter. But the judge didn't do that. The judge said Daniel Penny will face these charges. We're coming back here in March, and our expectation is that Daniel Penny is going to be found guilty of killing Mr. Jordan."
Following Neely's death, many on the left claimed that Penny was a racist for killing Neely, who was black. "This has nothing to do with race," the 24-year-old ex-Marine said following the incident, as previously reported by the DC Enquirer. "I judge a person based on their character. I'm not a white supremacist. I mean, it's, it's a little bit comical. Everybody who's ever met me can tell you, I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened."
"I'm deeply saddened by the loss of life," Penny said about Neely's death. "It's tragic what happened to him. Hopefully, we can change the system that's so desperately failed us." Thousands of Americans from across the country flocked to Penny's defense, leading to his legal defense fund on GiveSendGo receiving over $2.9 million.
Neely was a homeless man who had a long history of mental illness and had 42 previous arrests. His death was a tragedy, and hopefully, the justice system will come to a sensible verdict to decide Penny's fate. He bravely defended other passengers while others simply stood by. Penny is currently facing second-degree manslaughter charges and criminally negligent homicide, per The New York Post.
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