“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,” attorneys Steven Raiser and Thomas Kenniff said in a statement.

Penny is white and Neely was Black. And Neely’s death became a flashpoint in the nation’s ongoing debate over racial justice and crime. As some people hailed Penny as a hero, others accused him of racist vigilantism.

Neely had struggled with mental illness and homelessness. His family and supporters say he was crying out for help in the subway and was met with violence.

Never miss a beat: Get our daily stories straight to your inbox with theGrio’s newsletter.

The post Judge denies request to dismiss case against man charged in NYC subway chokehold death appeared first on TheGrio.