On Wednesday, a Manhattan judge denied a motion to dismiss several indictments filed against Marine Daniel Penny in relation to the death of an erratic ex-convict.
The incident in question occurred on May 21, when Jordan Neely — who had been arrested 44 times for “criminal conduct” and, at the time, “had an outstanding warrant for felony assault” — began threatening and getting violent with NYC subway passengers. During the episode, Neely allegedly kept repeating the phrases, “I’m going to kill you,” “I’m prepared to go to jail for life,” and “I’m willing to die.”
In response, Penny and two of his fellow passengers attempted to restrain Neely, which involved the former placing the latter in a headlock. Neely ultimately died during the encounter, with NYC’s medical examiner ruling the death a homicide.
Penny — who is…
