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Daniel Penny will face manslaughter charges in the death of Jordan Neeley.

A New York judge dismissed Penny's attempt to have the case dismissed. Neeley died after Penny put him in a chokehold onboard the Manhattan-bound F train subway in May. 

Witnesses reported Neely, a 30-year-old homeless Black man, was screaming at people and behaving erratically on the subway.  Penny approached him and applied a fatal chokehold from behind.

Neely's background reveals a life marked by homelessness and mental health struggles, tracing back to the tragic death of his mother when he was just 14.

His family's lawyers say that Neely's mental health decline began following the traumatic incident, shaping his adulthood marked by periods of homelessness and mental health treatment.

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Neely’s Police Record

According to New York City police records Neely had an extensive prior record. This included 42 arrests between 2013 and 2021, involving allegations ranging from assault to transit fraud and criminal trespass.

For example, in June 2019, Neely attacked a man on the platform of the Broadway-Lafayette station. This is the same subway stop where he died four years later. 

In the months leading up to the tragic event, Neely faced legal troubles, including public lewdness, misdemeanor assault, and criminal contempt.

He also assaulted a 67-year-old woman, resulting in a broken nose and severe injuries, illustrating the complexity of Neely's history.

Manslaughter Charges

The medical examiner ruled Neely's death a homicide caused by the depression of the neck.

Penny pleaded not guilty to manslaughter and criminally negligent homicide charges. Despite the defense's motion for dismissal, a judge's decision ensures that the case will proceed to trial.

Penny's defense argued that he did not intend to harm Neely and highlighted the fear witnesses experienced on the subway that day.

The judge's denial of the motion emphasizes the need to delve into the circumstances surrounding the incident, paving the way for further legal proceedings.

As the case moves forward, the conflicting accounts of witness testimonies become a focal point. The next conference meeting in the case is scheduled for March 20.

While Penny's legal team contends that he did not intend to harm Neely, prosecutors argue that a jury should assess whether Penny engaged in reckless conduct that created an unjustifiable risk of death. 

Video Evidence

The incident on the subway brought attention to Neely's outbursts, with bystanders recalling he was shouting and threatening moments before Penny applied the fatal chokehold.

 Video evidence captured by a freelance journalist depicted the harrowing scene, highlighting the severity of the incident that ultimately led to Neely's death.

Prosecutors have emphasized the need to consider additional evidence, including witness accounts suggesting that Neely's behavior was not extraordinary on New York City public transportation.

Penny’s lawyers point out that with Neely’s history there was a high likelihood that he would have attacked someone. And that Penny’s actions were only to protect the other passengers. 

As the legal proceedings continue, the case raises questions about the intersection of law, and mental health. And the ability to protect yourself is also highlighted.

The judge's decision to reject the dismissal motion underscores the gravity of the charges against Penny and the necessity for a comprehensive examination of the events leading to Neely's tragic death.