A Marine veteran from West Islip accused of choking a man to death on a New York subway will go to trial this fall.

A judge announced Wednesday that Daniel Penny’s manslaughter trial will start on Oct. 8.

Penny pleaded not guilty to the charges stemming from Jordan Neely’s death in 2023.

According to court documents, Penny placed Neely in a chokehold for several minutes. Penny's lawyers say riders feared for their lives after Neely began verbally threatening and moving toward passengers.

Neely’s family says the homeless street performer struggled with mental illness.