Daniel Penny, the Marine veteran accused of choking Jordan Neely to death on New York City’s subway last year, will appear in Manhattan court for a pretrial hearing on Thursday.
The judge will hear arguments from prosecution and defense attorneys seeking to suppress some evidence from the criminal trial.
Penny was charged with manslaughter and criminally negligent homicide last spring after he put Neely in a fatal chokehold as other passengers watched. He pleaded not guilty.
The question at the center of the case is whether Penny’s actions were legally justified. Prosecutors say they weren’t. But Penny and his lawyers have argued he did not mean to kill Neely and acted to protect himself and other passengers who felt threatened.
A video taken by a subway passenger showed Penny on the floor of the subway car in May 2023 with his arms wrapped around Neely’s neck. The video went viral and became a litmus test for viewers who saw Penny either as a hero deserving of praise or a vigilante who should face criminal consequences.
Protesters filled subway platforms across the city in the days after Neely’s killing. They urged Manhattan District Attorney Alvin Bragg to charge Penny with a crime and demanded better treatment of homeless New York City residents with mental illnesses. At one demonstration, police arrested more than a dozen people for jumping onto the tracks.
Penny’s supporters donated nearly $3 million to an online legal defense fund for him after he was indicted. Donors included prominent conservatives such as musician Kid Rock and former presidential candidate Vivek Ramaswamy.