Daniel Penny, a U.S. Marine veteran, killed Jordan Neely on a subway last spring.
A Manhattan judge denied the request from Daniel Penny and his attorneys to block jurors from hearing some evidence in the case, including video of Penny's interview in the police stationhouse the day that Jordan Neely died in May 2023The retired Marine charged in a deadly chokehold on the subway suffered a legal setback Friday, as the jury will be able to hear some of the things he told police in the immediate aftermath of the incident.
When asked what made him get involved, Penny responded,"He was threatening people… there were women and children on the train."Witness video from the day of the incident shows Penny, a Long Island native and Marine veteran, restraining Neely. Prosecutors have said the chokehold, which Penny held for several minutes, killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator.
Also shown was the moment inside the police station when Penny described what he said happened, saying the door on the northbound F train closed, Neely threw his jacket and then yelled,"I'm going to kill everyone and I don't care if I go to jail forever." The judge found Penny's statements were voluntarily and that officers did not violate his Miranda rights, which he had waived in the interrogation room.
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