(Luis Cornelio, Headline USA) A Manhattan judge has dismissed Daniel Penny’s motion to dismiss the criminal charges filed against him in connection with the fatal chokehold of Jordan Neely, a homeless man who reportedly accosted New York City subway riders.
As reported by the New York Post on Wednesday, Judge Maxwell Wiley denied the request which cited allegations that prosecutors from the Soros-tied Manhattan District Attorney’s office improperly presented the medical examiner’s information to the jury.
Thomas Kenniff, Penny’s attorney, expressed disagreement with the decision, describing the case as “ill-conceived,” according to Fox News.
“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,” the defense attorney said.
“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,” he added.
In contrast, Donte Mills, Neely’s attorney, celebrated the decision as a “big win,” as reported by Fox News.
“(Penny’s) attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn’t work,” Mills said. “The criminal charges against Daniel Penny will move forward.”
The case garnered national attention due to widespread criticism of reported lawlessness in the New York City subway system.
On May 1, 2023, Penny was hailed by many as a Marine “hero” after rushing to help bystanders during a chaotic subway ride where Neely allegedly proclaimed that he was not afraid of going to jail for life or dying.
Penny placed Neely in a chokehold to subdue him, a move that proved fatal for the reported homeless man.
Bragg, who is currently leading criminal charges against former President Donald Trump over alleged hush money payment, faced mounting pressure from leftist activists, including Black Lives Matter, to arrest Penny in connection with Neely’s death.
Ultimately, Bragg slapped Penny with second-degree manslaughter and criminally negligent homicide charges.
The Marine veteran is scheduled to be back in court on March 20.
