The ex-Marine accused of manslaughter and homicide after fatally strangling an unhoused man on the New York City subway earlier this year should have known the chokehold he used was deadly, prosecutors argue in a new court filing.
Daniel Penny, 25, is facing charges of second-degree manslaughter and criminally negligent homicide after police identified him as the man shown in cell phone footage pinning Jordan Neely, 30, to the subway floor and placing him in a fatal chokehold in May. Mr Penny pleaded not guilty to the charges recommended by a grand jury in June, and his lawyers requested the case be dismissed last month.
