Cybersecdn- Daniel Penny, a Marine soldier who choked to death a man on a New York City subway car, is back in court on Wednesday, when the judge will likely decide whether to drop the charges of involuntary manslaughter against him.
Lawyers for Penny said that Jordan Neely was “crazy threatening.” The lawyers say that one person said the ride was “absolutely traumatizing,” worse than any other train ride he had been on in six years.
The lawyers for Penny, who has pleaded not guilty to manslaughter and reckless homicide charges, say that he was protecting himself and others when he choked Neely to death. Prosecutors say Penny kept Neely in the chokehold for six minutes, which is a long time after Neely stopped moving on purpose.
Along with the move to dismiss, both sides are likely to hear from the judge about issues related to evidence.
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There is no set date for the hearing. Daniel Penny made a short court appearance in Manhattan on Friday on a charge of second-degree murder. David Novarro has the story.