Former Marine Daniel Penny is set to face trial on October 8 for the charges of manslaughter and criminally negligent homicide in the death of homeless man Jordan Neely on a subway train in May 2023. The trial is expected to last around four to six weeks, according to Manhattan Supreme Court Justice Maxwell Wiley.

Penny, who appeared in court wearing a charcoal suit, white shirt, and maroon tie, did not comment as he left the courtroom accompanied by his attorneys. His defense lawyer, Thomas Kenniff, expressed his belief that the case should not have been brought to trial, but stated that they are fully prepared to defend their client.

Kenniff remained confident in Penny's acquittal, stating that both he and Penny believe that if the case proceeds to trial, his client will be fully exonerated. Despite facing serious charges, Penny has shown dignity in handling the situation, according to Kenniff.

Meanwhile, the attorney representing the Neely family expressed that they are still suffering and in pain. Lennon Edwards stated that justice has not been served yet, but they maintain hope that justice will be done in this case. Edwards also conveyed their desire for the public to understand "what Daniel Penny really was that day," emphasizing that they perceive Penny as the one who posed a threat.

In response to these statements, Kenniff vehemently disputed the portrayal of Penny as the aggressor. He asserted that it was Jordan Neely who had threatened to take lives and had frightened a mother and her child during the incident on the train. Kenniff argued that if anyone played the role of "jury, judge, and executioner," it was not his client.

Penny, a former infantry squad leader, was indicted on charges of second-degree manslaughter and criminally negligent homicide for the altercation that resulted in Neely's death. Penny's attorneys attempted to get the case dismissed in October, citing issues with the grand jury's instructions and the lack of conclusive evidence from the city medical examiner regarding Penny's actions causing the death.

However, Judge Wiley rejected these arguments, stating that the medical examiner's testimony and Neely's death certificate were sufficient in establishing that Penny's actions led to Neely's demise. Kenniff expressed disagreement with the court's decision but maintained confidence that a jury would deliver a just verdict.

If convicted, Penny could face a sentence of up to 19 years behind bars. Witnesses reported that Neely had a history of mental illness and exhibited threatening behavior before Penny intervened. Penny has claimed that he did not intend to harm Neely but believed he needed to protect other passengers from his aggressive behavior.

The next court date for Penny is set for September 17, during which a hearing will determine the admissibility of the videotaped statements he made to the police on the night of Neely's death.