Judge denies effort to have Daniel Penny’s manslaughter case dismissed – USA TODAY

A New York judge has declined to dismiss the case of Daniel Penny, the man charged with manslaughter for killing Jordan Neely in a chokehold onboard a subway car in May, the New York County District Attorney’s Office said Wednesday morning.

Penny was charged with manslaughter after putting 30-year-old Neely, a Black man experiencing homelessness, in a chokehold from behind after Neely was acting erratically on the subway, according to witnesses.

A medical examiner ruled Neely’s death a homicide caused by depression of the neck.

Defense lawyers for Penny had filed a motion for the case to be dismissed, arguing Penny did not intend to harm Neely and that several witnesses feared for their lives that day on the subway.

This article was originally published by a www.usatoday.com . Read the Original article here. .