Daniel Penny: Former Marine who put homeless man in chokehold defends action

A 24-year-old former Marine who put Jordan Neely, a subway rider in New York City, in a fatal chokehold has defended his actions, claiming he and the other commuters were acting in self-defence.Daniel Penny sent his sympathies to Neely's family in a statement sent by his lawyers on Friday.

Homicide has been identified as the reason for his death. His death has not yet been the subject of any charges, reported the BBC.

The incident has raised awareness of criminal activity and homelessness in public transport.

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"We would first, like to express, on behalf of Daniel Penny, our condolences to those close to Mr Neely," his lawyers said in a statement issued to US media.

Neely, a 30-year-old homeless impersonator of Michael Jackson, "had a documented history of violent and erratic behaviour," according to the statement, which they claimed was "the apparent result of ongoing and untreated, mental illness."

"Daniel never intended to harm Mr Neely and could not have foreseen his untimely death," it added.

Police and the Manhattan district attorney are presently considering whether to file charges. Homicide is defined as a death brought on by another person, however, it is not necessarily a murder.

The incident occurred on Mondaylate afternoon on the F-line train in Manhattan's SoHo neighbourhood.

The 30-year-old man was allegedly acting abnormally, and the former Marine is shown holding him around the neck for two minutes and 55 seconds in a video that was recorded on the train by a freelance journalist.

His arms are also seen being restrained by two other passengers. The man is seen afterwards lying motionless on the ground after all three of them eventually released go of him.

During the altercation with Neely, Penny instructed other passengers to dial 911, according to police, according to CBS News, the BBC's US partner.

The grand jury will reportedly convene the next week to decide whether there is sufficient proof to file charges, according to the network. Penny would likely contend that his response was appropriate in order to defend himself if charges are filed.

Experts told the New York Times that in order for Neely to be found guilty, the prosecution must demonstrate that Neely employed deadly force without Neely being believed to have been similarly prepared.

After the chokehold killing, protests were conducted calling for an arrest to be made.

The statement fromPenny's attorneys said, "We hope that this terrible event will lead to a fresh commitment by our elected representatives to address the mental health problem on our streets and that this horrific tragedy will serve as a wake-up call for the public.

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