Daniel Penny trial date set in NYC subway chokehold death

NEW YORK - Daniel Penny will stand trial in the 2023 death of Jordan Neely.

Daniel Penny appeared in court Wednesday in the 2023 subway chokehold death of Jordan Neely.

Penny, a 24-year-old U.S. Marine veteran, pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Neely, a former Michael Jackson impersonator, in 2023.

Penny's lawyers have maintained the argument that Penny acted in self-defense after Neely started harassing passengers.

The trial, starting Oct. 8, could take anywhere between four and six weeks. 

Thomas Kenniff, Penny's lawyer, compared the incident to the man who shot an unruly passenger on the subway last Thursday, telling FOX News that it was justified. 

Kenniff said prosecutors made the right call by not pursuing charges in the case. 

Although witnesses described the veteran as a "hero," he was charged with manslaughter.

If found guilty, Penny could face up to 15 years in prison.

In January, a judge denied Penny's request to dismiss the charges against him in the case despite the claim he acted to protect himself and other passengers. 

Video of the incident showed Penny trying to subdue Neely by placing him in a chokehold. 

Neely struggled in the chokehold for several minutes, after which he was transported to Lenox Hill Hospital and pronounced dead.

The dramatic scene caused fierce debate, and a divide between those who believed Penny acted heroically and others who believed he showed excessive force.

Family members say Neely was homeless and struggled with mental health issues.

The controversial incident sparked outrage and heightened political divisiveness across the city.

The trial is expected to begin in the fall.