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New York City, NY– In May 2023, Jordan Neely was choked to death by Daniel Penny on a New York City subway car. The incident sparked national outrage. The National Homelessness Law Center called it, “a toxic cultural obsession with anti-Blackness and dehumanization of the poor.”
Penny was indicted in June 2023 and pleaded not guilty to the charges of manslaughter and criminally negligent homicide.
On Wednesday a New York City judge denied Penny’s request to dismiss his involuntary manslaughter case.
Alongside Neely’s father, attorney Donte Mills spoke with the press about his communication with the judge.
“He posted the decision with the attorneys prior to court today letting them know the case is moving forward. As you see, we scheduled the next hearing date which is in March because this case is going to a jury, and Daniel Penny is going to face these charges and stand trial,” Mills told Fox News.
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Penny’s defense team said in a statement, “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. 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.”
Background
Jordan Neely, 30, grew up in New Jersey and was known for his entertaining dance moves which he often performed around New York City.
When he was 14 years old he was placed in the foster care system after the death of his mother. Following her death Neely suffered from several mental health disorders including post traumatic stress disorder. At the time of his death he was experiencing homelessness.
Subway Incident
On May 1, 2023, Neely entered a subway car while experiencing a mental health crisis. Although he was heard yelling that he didn’t have food or water, he did not physically assault anyone.
Following his outburst, Penny placed Neely in a chokehold. One witness, Juan Alberto Vazquez, recorded the altercation.
In an interview with NBC New York, Vazquez claimed the chokehold lasted for 15 minutes. Prosecutors later said it was closer to six. Two other men aided Penny by holding down Neely’s arms and legs. Following the incident the New York City Police and Fire departments both arrived on the scene. Neely was transported to Lenox Hill Hospital where he was pronounced dead.