Daniel Penny, the former Marine who placed a homeless man in a chokehold on the New York City subway, killing him, will stand trial in October, the judge presiding over the case said.

Judge Max Wiley announced Wednesday that a trial for Penny, who has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in connection to the death of Jordan Neely, will begin on Oct. 8 and will take place over four to six weeks.

Penny’s attorneys, Steven Raiser and Thomas Kenniff, claim that Neely, a locally-known Michael Jackson impersonator, was “insanely threatening” passengers onboard the F train at the time and that Penny “saw a genuine threat and took action to protect the lives of others.”

Prosecutors argue that the chokehold Penny performed on Neely “lasted approximately six minutes and continued well past the point at which Mr. Neely had stopped purposeful movement.”

ABC News reports that, according to law enforcement sources, witnesses told police that Neely had been yelling at and harassing passengers on the train at the time and that he had a history of mental health issues, but also noted that he had not specifically threatened Penny or become violent towards anyone in particular onboard the train.

An attorney for the Neely family said, “Justice has not been served yet but we’re holding onto hope justice will be done.”

Penny’s lawyers said in a previous statement, “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. Danny is grateful for the continued prayers and support through this difficult process.”

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