A New York City jury will be allowed to hear statements a man made to police after he fatally choked a homeless man on the subway last year, a judge ruled Friday afternoon.
Daniel Penny told police that Jordan Neely was “going crazy” and that he put Neely “in a choke” because Neely “was threatening everybody,” according to court records.
“I had him pretty good,” Penny told an officer at the Broadway-Lafayette station, records show. “I was in the Marine Corps.”
Penny is facing manslaughter and criminally negligent homicide charges for choking Jordan Neely on the F train last year. He doesn’t deny that he wrapped his arms around Neely’s neck. He says he was trying to protect fellow subway riders because Neely was scaring people and has pleaded not guilty to the charges.
At a hearing Thursday, defense attorneys asked a judge to preclude the statements Penny made to police after he choked Neely. But a judge ruled that police followed proper protocols before asking Penny questions, so anything he said can be used in court.
Penny’s attorneys did not immediately respond to a request for comment Friday afternoon. A spokesperson for the Manhattan district attorney’s office declined to comment.
This is a developing story and will be updated.