Judge denies hero Marine veteran Daniel Penny’s motion to dismiss case in subway chokehold death

New York City judge denied Daniel Penny’s motion to dismiss the criminal case against the Marine veteran, who killed Jordan Neely with a chokehold on a subway last May.

“While we disagree with the Court’s decision not to dismiss the indictment, we understand that the legal threshold to continue even an ill-conceived prosecution is very low,” Penny’s attorney, Thomas Kenniff, said in a statement after Penny appeared in court Wednesday.