Lawyers for former marine Daniel Penny have asked a judge in New York City to throw out the criminal charges against him over the death of subway musician Jordan Neely, citing the terror of fellow passengers who felt threatened by the latter’s aggressive behavior.
Mr. Penny, a 24-year-old former infantry squad leader, is facing charges of second-degree manslaughter and criminally negligent homicide after his attempts to subdue an out-of-control Mr. Neely on a subway train led to his death.