NEW YORK, NEW YORK – MAY 06: A memorial for Jordan Neely continues to grow outside of the Broadway-Lafayette subway station where he died after a violent encounter with another subway passenger on May 06, 2023 in New York City. According to police and witness accounts, Neely, who was 30 years old and residing in a shelter, died after being placed in a chokehold by 24-year-old Daniel Penny on a subway train in New York City on Monday. Increasingly, activists are calling for Penny to be apprehended. (Photo by Spencer Platt/Getty Images)
According to the New York Daily News, lawyers for Daniel Penny, say he acted in self-defense in that May 1st incident on a New York subway train.
Penny put a chokehold on 30-year-old Jordan Neely an African American man who suffered from a mental condition after Neeley reportedly, aggressively threatened other passengers.
Subway camera footage shows Penny who is a Marine Corps Veteran, having Neely in a chokehold.
Lawyers for Penny say he “with the help of others, acted to protect themselves until help arrived, and never intended to harm Mr. Neely and could not have foreseen his death”
Neely died after the incident.