Daniel Penny will stand trial this fall in Jordan Neely's subway chokehold death, judge rules
NEW YORK (WABC) -- Daniel Penny, the Marine veteran accused of choking to death a man on a New York City subway car, will stand trial beginning October 8, a judge determined Wednesday
The trial will take between four and six weeks, Judge Max Wiley said.
The next court date is September 17 for a hearing to suppress evidence.
Penny put Jordan Neely in a fatal chokehold last May "that lasted approximately six minutes and continued well past the point at which Mr. Neely had stopped purposeful movement," prosecutors with the Manhattan district attorney's office have said.
The Long Island native has pleaded not guilty to manslaughter charges and his attorneys have said Neely was "insanely threatening" aboard the F train.
Penny's lawyers have maintained he acted in self-defense after Neely, who suffered from mental health issues, started displaying what some described aggressive behavior.
RELATED | NYC mayor condemns chokehold death: 'Jordan Neely did not deserve to die'
Also on Wednesday, an attorney for Neely's family said the family is holding out hope for justice.
"Andre Zachary and Jordan Neely's family are still suffering," attorney Lennon Edwards said. "Justice has not been served yet but we're holding onto hope justice will be done."
Edwards called Penny "judge, jury and executioner" aboard the subway car.
"Jordan was unarmed. He was hungry. He asked for food. And in his desperation he was emotional, but distressed does not mean dangerous," Edwards said.
Penny and his attorneys left without comment.
Penny's lawyer had previously praised the Brooklyn District Attorney for not bringing charges against a man who shot an aggressive passenger last week, drawing a comparison between the two cases.
Thomas Kenniff told Fox News that Brooklyn prosecutors made the right call by not pursuing charges against the man who shot an aggressive passenger last Thursday .
"If you approach it a different way, like in the video we just saw, you don't know if they have guns or knives and the situation can devolve. Is there a cruel irony that my client who did everything the right way is facing charges, while others who rightfully are not? Yeah, you could say it is," Kenniff said.
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