(NewsNation) — A trial for Marine veteran Daniel Penny, indicted in the chokehold death of Jordan Neely on a New York City subway last year, will proceed after a judge denied his request Wednesday to dismiss the case.
One of Penny’s attorneys insists his client took action to save the lives of subway passengers.
“This case was different. It wasn’t simply a fear of being hurt. It was a fear of dying. This was a manic episode where the individuals that were within the zone of danger were truly fearful for their lives. When Danny stepped in, he stepped in to save their lives,” attorney Steven Raiser told NewsNation host Elizabeth Vargas.
In May of last year, the New York Police Department said Neely boarded a train in Manhattan and started acting erratically. Video of the encounter shows Penny placing Neely in a chokehold and holding him down.
Once officers arrived, they reported Neely was unconscious. He was taken to a nearby hospital, where he was pronounced dead. A medical examiner ruled his death a homicide due to “compression of neck.”
Penny’s other attorney, Thomas Kenniff, isn’t shocked a judge decided not to dismiss the case.
“We weren’t surprised by the ruling,” Kenniff told NewsNation host Chris Cuomo, later adding: “No one is surprised when a judge refuses to throw out an indictment.”
USA TODAY reports that Neely, a street performer known for his Michael Jackson impersonation, had been experiencing homelessness off and on and been in poor mental health prior to his death.
Penny’s attorneys believe Neely was experiencing a “manic episode” on the subway and added that about half a dozen passengers have made it “very clear that Danny was their hero.”
Attorney Donte Mills previously said Penny had “no authority” to place someone in a chokehold.
“He (Penny) knew or should have known that choking him (Neely) for 15 minutes would kill him. I can’t tell you what was in his mind when he approached him. I can’t do that. I wouldn’t try to do it. I’m not going to tell you why,” Mills said during an interview on “Dan Abrams Live.”
Penny’s attorneys maintain their client “never intended to harm” Neely and was acting to protect others.
Mills said Penny was not attacked by his client. He called the judge’s ruling to continue with a trial a “win.”
NewsNation’s Cassie Buchman contributed to this report.