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New York judge sets trial date for Daniel Penny in subway chokehold death

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A Manhattan judge will set trial in October for Daniel Penny, a Marine veteran and college student charged with manslaughter in the strangulation death of Jordan Neely, who stormed a subway train and threatened passengers in May. It’s scheduled for the 8th.

In court Wednesday, lawyers said the trial is expected to take four to six weeks. Penny’s next hearing in the case is scheduled for September 17th.

According to court documents, Penny, 24, told police that Neely had been “threatening everyone” and that she was “furious” and ranting about going to jail. Video of the incident shows a man putting the “unstable” passenger in a chokehold, and another man helping restrain him until the subway car reaches the next station.

‘Lawlessness’ continues to plague New York trains as Mr. Da Bragg presses murder case against Daniel Penny

Daniel Penny (center) appears in court on Wednesday, March 20, 2024, in Manhattan, New York. Penny, a Marine Corps veteran, is scheduled to go on trial in October for his role in the strangling death of Jordan Neely on the city’s subway train last year. (John M. Mantel, FOX News Digital)

One witness called Penny a “hero” and said she feared what Neely might do.

“I was looking at where we were, in the subway, in the sardine can, and I thought, ‘Okay, we’re between the stations. There’s nowhere to go.’ ” she told FOX News Digital days after the incident. Incident. “The people on that train, we were scared. Our lives were in danger.”

Another witness, who recorded a widely circulated video of the incident, said: new york post He didn’t think Neely was in danger because Penny and another man were holding her down.

jordan neely

Screenshot of bystander video showing Jordan Neely being strangled on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez, via Storyful)

Neely had a history of mental illness and a criminal history, including a previous subway assault.

Penny cooperated with police and was initially released, but turned himself in 11 days later when District Attorney Alvin Bragg’s office filed charges of manslaughter.

US Marine veteran Daniel Penny pleads not guilty to murder in strangulation death of Jordan Neely

Penny and his defense team left the courthouse immediately after the 10 a.m. hearing Wednesday and did not speak to reporters.

“The reality is that if force is used or threatened against a rider, and they choose to defend themselves, the assailant may be injured, and the rider defending themselves may be arrested. ” said one of his attorneys, Stephen Reiser. he told FOX News Digital before the hearing. “It’s a ‘Catch-22.’ Either you or someone else becomes a victim, or you risk being a defendant in court.”

Daniel Penny: Marine veterinarian accused in fatal subway strangulation reveals why he raided the subway

Two people impersonate Michael Jackson on the street at night

Jordan Neely (left) and Moses Harper imitate Michael Jackson in front of Regal Cinemas in Times Square, where the Michael Jackson movie “This is IT” was being shown on Tuesday, October 27, 2009. Mr. Miss. Neely was killed on Monday, May. On January 1, 2023, he was reportedly strangled by a fellow passenger on a New York City subway. (Andrew Savulich/NY Daily News Archive via Getty Images)

Lennon Edwards, a lawyer for Neely’s family, said outside court that the man killed was unarmed at the time of the incident.

“He was emotional, but suffering doesn’t mean danger,” he told reporters, adding, “Whenever you look at troubled people as a problem, you’re always looking at their emotional state.” Gender is part of the problem,” he added.

A man is shot in the head with his own gun during a subway brawl.Passengers run for cover

NYPD and National Guard conduct random bag searches on New York City subways

The New York City Police Department and National Guard conduct random bag searches on the New York City subway on Monday, March 11, 2024. Gov. Cathy Hochul announced a five-point plan earlier this month that would deploy 750 National Guard troops to fight the nearly 20 rioters. Crime levels increased by % across the metro. (Matthew McDermott, Fox News Digital)

Mr. Edwards welcomed the trial date and appeared to expect a guilty verdict.

“Daniel Penny was judge, jury and executioner,” he said. “That day, the trial begins and he will face the judge, jury, and sentence.”

If Penny is convicted of second-degree manslaughter, he could be sentenced to up to 15 years in prison.

Since Neely’s death, traffic crime has continued in New York City. New York Governor Kathy Hochul sent in the National Guard and state troopers to assist with random bag searches.

Alvin Bragg Manhattan DA

Manhattan District Attorney Alvin Bragg appears in court at the Trump Organization tax evasion trial at New York Supreme Court on December 6, 2022 in New York City. (Michael M. Santiago/Getty Images)

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A man died after threatening other passengers with a gun and knife on a Brooklyn subway train last week, authorities said. The victim took the gun and shot him with it.

Prosecutors did not seek charges against the surviving passengers.

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