Internet divided as Judge denies to dismiss Manslaughter case against Marine Daniel Penny

NEW YORK CITY, NEW YORK: The case of Daniel Penny, 24 the Marine veteran who fatally choked Jordan Neely, 30 a subway rider, on a New York City train last year on May 1, has once again stirred up controversy and outrage on the internet.

On Wednesday, January 17 morning, a New York City judge rejected Penny’s motion to dismiss the charges against him, setting the stage for a possible trial, multiple reports suggested.

What happened on the F train in 2023?

According to witnesses and video footage, Penny and Neely were on the same F train in Manhattan on May 1, 2023, when Neely started to make a “somewhat aggressive speech” about being hungry and thirsty, according to witness Juan Alberto Vazquez who talked to NBC.

He according to his attorney told them he was “not going to take ‘no’ for an answer." He had thrown his jacket to the ground and stayed in a t-shirt but had no weapon according to a New York Post report.

Penny claimed that Neely was “aggressively threatening” him and other passengers, and decided to intervene.

He put Neely in a chokehold, with the help of two other riders, and held him for about 15 minutes, until the police arrived.

Neely, who was homeless and had mental health issues, was unconscious and later pronounced dead at the hospital. He had been struggling since his mother was murdered in 2007.

The medical examiner ruled his death a homicide, caused by “compression of neck (chokehold)”.

How did the legal process unfold?

Penny, 25, was arrested after he turned himself in after the Manhattan DA’s office announced that it would pursue criminal charges against him in connection with Neely’s death.

He was then indicted by a grand jury in June on charges of second-degree manslaughter and criminally negligent homicide. He pleaded not guilty and was released after posting $100,000 bail.

His lawyers argued that he acted in self-defense and never intended to harm Neely, who claimed he was high on synthetic opioids and posed a danger to society.

They also cited a witness who said Neely’s threats were “absolutely traumatizing” and “insanely threatening” as the basis for the motion.

They filed a motion to dismiss the case, but the judge denied it on Wednesday.

He did not set a trial date, but said it was unlikely to start before fall, according to Daily Mail. 

What was the public reaction?

The case has sparked a national debate again and a polarized response on the internet.

Some people praised Penny as a hero who tried to protect himself and others from a violent and unstable man while others called him a "murderer" who should face the law like anyone else for the crime.

 “This is absolute BS. Penny shouldn’t have been charged,” wrote one on X. Others condemned Penny as a "murderer" who used excessive and lethal force against a defenseless, mentally ill man.

They said he had no right to take the law into his own hands and that he should face justice for his actions. They also applauded the judge for upholding the law and respecting the victim’s rights. “Straight to jail, punk.” wrote another.

"You have to meet force with equal force and as a marine, he knows that. I wonder what the sentence will be. He did NOT have to kill him," another X user wrote.

Many people expressed their interest and curiosity about the outcome of the case. “Be interesting to see the verdict there.” wrote a third commenter.

Before the dismissal when Penny was being taken to the courtroom, some people had been praying that all dropping of all charges. 

"I hope all charges are dropped against this young man," wrote an X user, another added, "May they grant him a dismissal. Poor kid was just trying to neutralize a threat."

Few said Daniel Penny was a "hero" who did "nothing wrong."