The attorney representing Daniel Penny, the former Marine facing charges over the death of Jordan Neely, who was killed after being placed in a chokehold by Penny on a New York City subway last year, told Newsmax on Thursday that he expects his client will be exonerated.

A judge recently set a trial date of October 8 for Penny, who faces charges of manslaughter and criminally negligent homicide.

“The trial date, we knew it was coming,” Penny’s attorney, Thomas Kenniff, said on “National Report.” “We didn’t know the exact date, we were tracking it and that it would probably be in the fall after the summer after everybody gets back from doing all the things that New Yorkers do in the summer to get out of the city.

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