Daniel Penny, the man who choked a homeless man to death last May on a New York City subway car, will stand trial beginning Oct. 8, a judge determined Wednesday.
The trial will take between four and six weeks, according to Judge Max Wiley.
Penny has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in connection with Jordan Neely’s death. He has pleaded not guilty.
Former U.S. Marine Daniel Penny arrives at the Manhattan Criminal Court in New York City on March 20, 2024.
Brendan Mcdermid/Reuters
Penny, a former Marine, put Neely in a fatal chokehold “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.
His attorneys have claimed Neely was “insanely threatening” aboard the F train.
The next court date is Sept. 17 for a hearing to suppress evidence.
A judge denied Penny’s bid to dismiss his involuntary manslaughter case in January.