The chokehold death, which was caught on bystander video, has prompted fierce debate, with some praising Penny as a good Samaritan and others accusing him of…
Defense attorneys for Daniel Penny, the U.S. Marine veteran who placed Jordan Neely in a fatal chokehold aboard a New York City subway, have asked a judge to dismiss the case.
Penny pinned him to the ground with the help of two other passengers and held him in a chokehold for more than three minutes. Neely, 30, lost consciousness during the struggle. A mother and son on the F train took cover behind a stroller and a high school student claimed Neely said “someone is going to die today," according to the court documents.
To get a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove Penny recklessly caused Neely's death while being aware of the risk of serious harm.
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