A judge has denied the request of Daniel Penny, who sought to have charges dismissed for allegedly choking in May of 2023, CBS News reports.

Following the judge's ruling, the case will now proceed to trial, which will not begin until the fall.

Donte Mills, the lawyer representing the Neely family, said the ruling was a major victory for his clients.

"This was a win today, a big win. I think it's important to know the grand jury said Daniel Penny should face charges for killing Jordan Neely," Mills said.

“His attorneys tried to get the judge to overrule that - to say that what the grand jury said didn't matter, but the judge didn't do that, the judge said Daniel Penny will face these charges," Mills added.

Penny's defense team argued that their client acted in self-defense and to protect his fellow passengers on the train after claiming that Neely’s behavior was threatening to everyone on the subway.

Per court records, Neely was a street performer who impersonated Michael Jackson and suffered from mental illness.

After Neely began shouting that he was hungry, thirsty, and prepared to die, Penny approached Neely from behind and placed him in a chokehold for several minutes Eventually, Neely's body stopped moving.

When first responders arrived on the scene, they attempted to resuscitate Neely. He was later pronounced dead at a local hospital.

Penny, a former Marine who served from 2017 to 2021 claims it was not his intention to hurt Neely, and his actions were not racially motivated.

Neely’s death was ruled a homicide by a medical examiner.

Penny's next court date is scheduled for March 20.

As a result of his involvement in Neely's death, Penny was charged with manslaughter in the second degree and criminally negligent homicide.

If found guilty, he faces up to 19 years in prison.