Former Marine to Stand Trial for NYC Subway Chokehold Death

Daniel Penny, the former Marine who placed a homeless man in a chokehold on the New York City subway, killing him, will stand trial in October, the judge presiding over the case said.

Judge Max Wiley announced Wednesday that a trial for Penny, who has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in connection to the death of Jordan Neely, will begin on Oct. 8 and will take place over four to six weeks.

Penny’s attorney claims that Neely, a locally-known Michael Jackson impersonator, was “insanely threatening” passengers onboard the F train at the time and that Penny “saw a genuine threat and took action to protect the lives of others.”

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