Judge Denies Motion to Dismiss NYC Subway Chokehold Trial

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Facts

  • New York City Judge Maxwell Wiley on Wednesday ruled against Daniel Penny's motion to dismiss his involuntary manslaughter case for the death of Jordan Neely on a subway car last May 1. Wiley called the evidence 'legally sufficient' for the case to proceed.1
  • This case began on the F train in Manhattan, where witness Juan Vasquez said Neely began using 'somewhat aggressive speech' with Penny, a former Marine. Vasquez said Penny subsequently pinned Neely down in a chokehold for about 15 minutes.2
  • Other witness accounts claimed Neely was shouting at passengers and behaving erratically, though others who were on board disputed those accounts. Penny has also claimed he only wanted to restrain Neely until the authorities arrived.3
  • Penny, who claims the encounter lasted 'less than five minutes,' has since faced accusations of racism because he is White and Neely was Black. Neely also had a history of mental health issues that were known to the New York Police Department, who at the time had a warrant out for his arrest for punching an elderly woman on the subway.4
  • Penny, who was released on $100K bail and ordered to hand over his passport after he turned himself in 11 days after the incident, is due back in court March 20. He has pleaded not guilty.5

Sources: 1ABC News, 2NBC, 3Verity, 4The Post Millennial and 5FOX News.

Narratives

  • Left narrative, as provided by Publicnotice. This ruling is a big win for justice. Those on the right who claim to be in favor of law and order have completely dropped their stance regarding this case. Penny should've called law enforcement to help Neely but instead turned himself into a criminal with his overuse of force. He should be condemned from all ends of the political spectrum for his actions, regardless of his race.
  • Right narrative, as provided by American Spectator. This is ill-conceived prosecution. Neely spent 15 years terrorizing New Yorkers — including punching elderly people in the head — and the city allowed him to repeatedly skip jail and stop taking his schizophrenia medication. Far-left policies on crime and mental health put New Yorkers at risk. While Neely's death was tragic, Penny acted to protect his fellow passengers and should be honored not prosecuted.