Daniel Penny returns to court Wednesday in Jordan Neely subway chokehold death case

NEW YORK (WABC) -- The politically charged case of Daniel Penny, a Marine veteran who choked a man to death on a New York City subway car, returns to court Wednesday when the judge is expected to rule on his request to dismiss involuntary manslaughter charges.

Penny's attorneys called Jordan Neely "insanely threatening."

According to the lawyers, one person described the ride "as 'absolutely traumatizing' beyond anything he had ever experienced in six years riding the subway."

RELATED | NYC mayor condemns chokehold death: 'Jordan Neely did not deserve to die'

His attorneys have said Penny, who has pleaded not guilty to manslaughter and negligent homicide charges, was defending himself and others when he put Neely into the chokehold that caused his death.

Prosecutors have said Penny maintained the chokehold for six minutes, well past the point when Neely stopped purposeful movement.

In addition to the motion for dismissal, the two sides are expected to hear from the judge on evidentiary matters.

No trial date has been set.

ALSO READ| Daniel Penny arraigned on manslaughter charge, enters no plea; Neely's family attorneys speak out




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