Judge denies request to dismiss case against man charged in NYC subway chokehold death

NEW YORK — A judge on Wednesday declined to dismiss the case against a U.S. Marine veteran charged with manslaughter for placing a man in a fatal chokehold aboard a New York City subway train.

Daniel Penny has pleaded not guilty to charges of second-degree manslaughter and negligent homicide in the death last May of Jordan Neely, a former Michael Jackson impersonator who witnesses say shouted and begged for money on a Manhattan train.

Penny, with the help of two other passengers, pinned Neely to the ground and held him in a chokehold for more than three minutes. Neely, 30, lost consciousness during the struggle.

Penny has said he acted to protect himself and others. His attorneys filed a motion to dismiss the charges, which was denied by the court on Wednesday.

After the verdict, Penny’s lawyers said they were looking ahead to the trial.

“We are confident that a jury, mindful of Danny’s actions in putting his own safety aside to protect the lives of his fellow riders, will reach a fair verdict,” attorneys Steven Raiser and Thomas Kenniff said in a statement .

Penny is white and Neely was black. And Neely’s death became a flashpoint in the country’s ongoing debate over racial justice and crime. While some people hailed Penny as a hero, others accused him of being racist.

Neely had struggled with mental illness and homelessness. His family and supporters say he screamed for help on the subway and was met with violence.