NEW YORK (PIX11) – Defense attorneys for the former Marine accused of killing a homeless street artist on the subway have asked a New York judge to dismiss the case.
Daniel Penny is charged with manslaughter and criminally negligent homicide.
Jordan Neely was shouting at passengers and begging for money when Penny pinned him to the floor of the moving subway car with the help of two other riders. Penny then held Neely in a chokehold that lasted more than three minutes.
Neely died shortly after the incident.
Penny’s attorneys cited testimony from witnesses, including a mother who said she and her son took cover behind a stroller to shield themselves from Neely, in a motion to dismiss the case.
Erin Pflaumer is a digital content producer from Long Island who has covered both local and national news since 2018. She joined PIX11 in 2023. See more of her work here.