A judge on Wednesday declined to dismiss the case against a U.S. Marine veteran charged with manslaughter for placing a man in a deadly chokehold aboard a New York City subway train. Daniel Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in the death last May of Jordan Neely, a former Michael Jackson impersonator who witnesses say was shouting and begging for money on a Manhattan train. Penny pinned Neely to the ground with the help of two other passengers and held him in a chokehold for more than three minutes.