Former US marine accused of choking man to death in subway is released

The former US marine accused of choking a man to death on the subway has been released on bond.

Earlier this month, 24-year-old US Marine Corps veteran Daniel Penny killed 30-year-old Michael Jackson impersonator Jordan Neely while on the subway in New York.

On 11 May, prosecutors confirmed Penny would be arrested for second degree manslaughter - which can carry a maximum penalty of 15 years in prison - however he has since been released on bond.

Juan Vazquez

A video of Penny putting Neely - who was homeless at the time of his death - in a chokehold was recorded and uploaded to social media.

Just before the footage took place, Neely was reported by authorities as having been shouting at and harassing other passengers on the subway, however, as per ABC News, other police sources said the homeless man was not directly threatening and did not become violent before Penny became involved.

The video - captured by a journalist on the train - shows the former US marine putting the 30-year-old into a chokehold for several minutes before Neely stops moving.

Despite Neely stopping moving, assistant district attorney Joshua Steinglass noted Penny continued with the chokehold further - Neely's death was later ruled a homicide as a result of compression on his neck.

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After learning of the charges against him, yesterday (12 May) Penny 'turned himself in [...] voluntarily and with the sort of dignity and integrity that is characteristic of his dignity of service to this grateful nation'.

Penny's attorneys - law firm Raiser & Kenniff - claim Neely had 'a documented history of violent and erratic behavior' and had been 'aggressively threatening' Penny and the other passengers.

The attorneys argued the veteran 'acted to protect' himself and those onboard the subway 'until help arrived'.

The statement concludes: "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."

Later on in the day yesterday Penny was released on bond, with his attorney resolving: "There is nothing less indicative of flight risk than someone voluntarily surrendering."

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Prosecutors are currently working to secure a formal charge and the case is expected to go to the grand jury in the forthcoming days.

Neely family attorney Lennon Edwards is pushing for the charge of second-degree murder, accusing Penny of acting with 'indifference'.

Part of the family's statement reads: "[Penny] intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing. [...] [Penny] never attempted to help [Neely] at all. In short, his actions on the train, and now his words, show why he needs to be in prison."

Penny's attorneys said: "We fully expect that Danny will be exonerate of all charges."

The former US marine is next set to appear in court on 17 July.

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