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A judge has denied a motion by attorneys for Daniel Penny, the U.S. Marine veteran who placed Jordan Neely in a deadly chokehold aboard a New York City subway last year, to dismiss the case.
The decision came in court on Wednesday. The judge ordered Penny back to court in late March. His trial is tentatively expected to start in the fall.
Penny's lawyers Steven Raiser and Thomas Kenniff said they disagree with the judge's decision.
“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," Raiser and Kenniff said in a statement. "We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict. Danny is grateful for the continued prayers and support through this difficult process.”
Trial to begin in the fall, just in time for elections.
This country is going to be an absolute CIRCUS this fall.
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Absolutely stupid - the only way to change these liberal minds is if it happens to them or theirs - I would hope their tune would change then but maybe not.
Cue up all the terrible things that are about to go down in NYC with no bystander standing up to "do the right thing" and help you because the bystanders will be afraid of 20 years in jail
While I'm disappointed that he was even charged (and am still holding out hope that he's acquitted), this ruling is no surprise. One shouldn't expect a court to throw out an indictment returned by a grand jury. It would be judicial malpractice to do so, IMO. Still, this is also an expected motion by any defense attorney (it's a free shot and they get to charge their client for the "leg work").
Newsday reported several statements from Penny and witnesses that don't help his case. One witness said he didn't feel Neely was dangerous, another told Penny "If you don't let him go now, you're going to kill him". The prosecutors said in court papers that Penny never told cops he felt threatened by Neely. If you take emotion out of the case, Penny went too far.
excellent video by the master himself MASSAD AYOOB on self defense laws
he is not only one of the best known trainers in the world and founded LETHAL FORCE INSTITUTE but he is the country’s top expert testimony in self defense cases in courts around the country
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