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NEW YORK – A Manhattan judge has scheduled an Oct. 8 trial for Daniel Penny, the Marine Corps veteran and college student charged with manslaughter in the chokehold death of Jordan Neely, who stormed onto a subway train and threatened passengers in May.
The trial is expected to take four to six weeks, attorneys said in court Wednesday. Penny’s next hearing in the case is set for Sept. 17.
Penny, 24, allegedly told police an “irate” Neely “was threatening everybody” and ranting about going to prison, according to court documents. He placed the “erratic” passenger in a chokehold, and another man helped restrain him until the subway car reached the next station, video of the incident shows.

Members of the NYPD and National Guard conduct randomized bag searches in New York City’s subway system on Monday, March 11, 2024. Governor Kathy Hochul announced a five-point plan earlier this month, deploying 750 members of the National Guard to combat a near 20% rise in crime levels throughout the subways. (Matthew McDermott for Fox News Digital)
Edwards welcomed the trial date and appeared to predict a conviction.
“Daniel Penny was judge, jury and executioner,” he said. “We’re expecting on that day, when the trial starts, he will be facing a judge, a jury and a sentence.”
Penny faces a maximum of 15 years in prison if convicted on the second-degree manslaughter charge.
Transit crime has continued to plague New York City following Neely’s death. New York Gov. Kathy Hochul sent the National Guard and state troopers to assist with random bag checks.

Manhattan District Attorney Alvin Bragg arrives to the courtroom during the Trump Organization tax fraud trial at the New York Supreme Court on Dec. 6, 2022 in New York City. (Michael M. Santiago/Getty Images)
Last week, a man died on a Brooklyn subway car after he threatened another passenger with a gun and a knife, according to authorities. The victim took his gun and shot him with it.
Prosecutors there did not seek charges against the surviving passenger.