Daniel Penny set for October trial in NYC Subway chokehold death

The man who choked a homeless person to death in a New York City subway last year is set to go to trial in October, a New York judge determined Wednesday.

Daniel Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely, who was reportedly struggling with mental illness. Penny put Neely, a subway performer, in a fatal chokehold after he had been reportedly shouting at passengers and behaving erratically. 

The case attracted attention in political circles, sparking racial justice protests. An online fundraiser raised more than $3 million for his legal defense.

Prosecutors said Penny, a former Marine, placed Neely in a chokehold that “continued well past the point at which Mr. Neely had stopped purposeful movement.”

Penny’s defense has argued that Neely was “aggressively threatening” him and other passengers. Neely’s family said Penny “needs to be in prison.”

Penny’s next court date is scheduled for Sept. 17.