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Ex-Marine who fatally choked NYC subway attacker seeks dismissal of charges

US Marine veteran Daniel Penny is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023.
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Overview

  • Jordan Neely behaved erratically and threatened violence before being fatally choked by ex-Marine Daniel Penny on a NYC subway train.
  • Penny's legal team argues the medical examiner failed to properly explain Neely's cause of death as a chokehold.
  • A legal defense fund for Penny has raised over $2.9 million from supporters who argue he protected other passengers.
  • Numerous witnesses testified before a grand jury about Neely's threatening behavior prior to the fatal altercation.
  • Penny's defense team seeks to dismiss the charges, arguing he acted justifiably to protect other passengers.