A video of the incident posted online showed the marine veteran lying under Jordan Neely and restraining him in a chokehold position for several minutes.
on an F train in Manhattan Monday afternoon when several people tackled and restrained him, according to police and witnesses.
A video of the incident was posted online by freelance journalist Juan Alberto Vazquez, showing Penny lying under Neely and restraining him in a chokehold position for several minutes. Neely tried to break free as another passenger pinned his arms and another person held down his shoulder. The city's medical examiner said Neely died from compression of the neck and classified the death as a homicide. The examiner's office said that it is up to the legal system to determine whether the incident is of criminal liability. Meanwhile, the Manhattan District Attorney Alvin Bragg's office said it is investigating.
Police prepare as protestors gather at Barclays Center Arena and march to the 7th police precinct to protest the New York Police Department response to the killing of Jordan Neely, in Brooklyn, New York on May 4, 2023. The U.S. Marine veteran who was filmed putting Neely in a chokehold on the New York City subway this week was warned by bystanders that he is “going to kill” the homeless Black man who later lost consciousness and was pronounced dead at a hospital.
"He's defecated on himself... you're going to kill him now," the man reportedly said, according to theNeely was detained but he was later released without charges. However, Joseph Giacalone, a professor of criminal justice at John Jay College, told The Guardian on Friday that he believed Penny could be considered for charges of manslaughter or negligent homicide given the contents of the video.
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