CNN
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Citing witness testimony, protection attorneys for Daniel Penny requested a New York choose to dismiss the case in opposition to the previous marine accused of killing a homeless avenue artist on a New York Metropolis subway.

Penny held 30-year-old Jordan Neely in a chokehold throughout a Could incident when Neely entered a subway automobile and commenced shouting at passengers. Neely died quickly after, and the health worker dominated his dying a murder.

In a movement filed Friday, Penny’s attorneys cited grand jury testimony from witnesses using the subway in the course of the incident, one in every of whom believed they had been “going to die,” in an effort to dismiss the costs. That unnamed witness, who mentioned they’ve ridden the New York subway for six years, described the second as “completely traumatizing,” court docket paperwork say.

One other witness, a mom, mentioned she took cowl behind her stroller along with her son to protect themselves from Neely, who was making “half-lunge actions” and inside “half a foot of individuals,” the paperwork say.

A grand jury indicted Penny on prices of manslaughter and criminally negligent murder in June even after listening to this testimony.

CNN beforehand reported Penny instructed police that Neely was appearing “irate,” prompting him to make use of the chokehold to subdue him.

The incident between Neely, a Black man, and Penny, who’s White, was partially caught on video and sparked demonstrations throughout New York Metropolis.

The Manhattan District Lawyer’s Workplace declined to touch upon the brand new movement however mentioned it will be submitting a response in court docket papers quickly.

Penny’s subsequent court docket date is ready for early December.