October 12th 2023.
On October 6th, Daniel Penny's legal team took a major step forward, filing a motion to dismiss the charges against him. Penny, a former Marine, was accused of killing a homeless street artist in a New York City subway car in May of 2023. The medical examiner's office classified the death as a homicide.
Penny's defense was based on eyewitness testimonies, one of whom chose to remain anonymous. The witness recalled a "traumatizing" experience and feeling as if their life was in danger. Another witness, a mother traveling with her child, claimed she shielded herself and her child behind a stroller to distance them from the man who was displaying aggressive behavior.
Despite the witness accounts, Penny was still indicted in June with manslaughter and criminally negligent homicide. Penny argued that he was only compelled to use a chokehold on the man due to his irate behavior.
The incident between Penny, a white man, and the Black man, Jordan Neely, gained a lot of public attention, largely due to a video recording of the confrontation. This led to protests and demonstrations across New York City about the excessive use of force and racial disparity.
The Manhattan District Attorney's Office has yet to comment on the motion. However, they are expected to provide a response in the court papers soon. Penny's upcoming court appearance is scheduled for early December.
In the wake of the incident, a crowdfunding campaign for Daniel Penny has reached close to $3 million.
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