Penny’s lawyers said on Friday that when Neely was «aggressively threatening» him, the Marine veteran acted to protect himself until help arrived.
Daniel Penny, the U.S. Marine veteran who was filmed placing Jordan Neely in a deadly chokehold position on a New York City subway train earlier this week released his first statement through his lawyers on Friday.
The video posted by Vazquez showed the former Marine lying under Neely and restraining him in chokehold position for several minutes. The man failed to break free from Penny’s tight grip as another passenger pinned his arms and another person held down his shoulder.
New York City’s medical examiner said Neely died from compression of the neck and classified the death as a homicide, but added it is up to the legal system to determine whether the incident is of criminal liability. Manhattan District Attorney Alvin Bragg’s office said it is investigating. Meanwhile, Penny was detained after the incident, but was later released without charges.
Attorneys Steven M. Raiser and Thomas A. Kenniff released a statement on Penny’s behalf on Friday, saying that their client «never intended to harm Mr. Neely and could not have foreseen his untimely death,» and blamed city officials for their response to mental illness.
«Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness.
