The ex-Marine accused of killing a man on the New York City Subway last May will stand trial in October, a judge determined Wednesday morning.
Daniel Penny has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide, following Jordan Neely’s death on a train in Manhattan on 1 May 2023.
The 25-year-old veteran will now stand trial starting 8 October, Judge Max Wiley declared during a brief hearing on Wednesday.
Mr Penny was identified as the main suspect after phone camera footage showed him pinning Mr Neely, 30, to the train carraige floor and placing him in a chokehold.
A filing from the Manhattan district attorney’s office argued that Mr Penny – who served in the US Marines for four years – received training and instructional materials that highlighted the deadly potential of chokeholds, but held Mr Neely for around six minutes anyway.
Following Mr Neely’s death, witnesses said he was experiencing a mental health crisis in the days leading up to 1 May. When he boarded the train, he was complaining of hunger and thirst.
Others claimed that he told passengers that he was not afraid to die or go to jail, before throwing his jacket on the ground. It was at that point Mr Penny wrestled him to the ground.
This is a breaking news story and will be updated.
