Judge denies Daniel Penny’s motion to dismiss Jordan Neely chokehold case

A New York City judge on Wednesday declined to dismiss the case against Daniel Penny.

The Marine veteran placed Black subway rider, Jordan Neely, 30, in a fatal chokehold last year.

Daniel Penny case will proceed

Penny, 25, pleaded not guilty in June after a grand jury indicted him on charges of second-degree manslaughter and criminally negligent homicide in the May 1 death of Neely.

Neely was a frequent subway rider known to perform dance routines in costume as Michael Jackson.

Penny said he was defending himself and other passengers after Neely “began aggressively threatening” people. In October, his attorneys filed court documents seeking a dismissal of the case.

At the time of his death, Neely was homeless and had mental health issues. His family said he had struggled since his mother was murdered in 2007.

Penny’s case will return to court on March 20.