Marine veteran accused in NYC subway chokehold death identified by his lawyer

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Manhattan DA's office investigating death of homeless man placed in choke hold on subway

Fox News correspondent Laura Ingle has the latest developments as the death of a New York homeless man sparks protests on 'Special Report.' 

The New York City subway rider accused of choking a homeless man to death has been identified by his lawyers as a 24-year-old U.S. Marine veteran and college student whom lawyers say "acted to protect themselves" and "never intended harm."

Daniel James Penny, 24, has been identified by witnesses and police as the man who held 30-year-old Jordan Neely in a fatal chokehold following what police say was an altercation on Monday, 1 on a northbound F train.

Penny joined the Marines in 2017 according to his LinkedIn profile and is currently a college student, according to a statement released by his attorneys at Raiser&Kenniff.

New York police officers administer CPR to a man at the scene where a fight was reported on a subway train, Monday, May 1, 2023, in New York. (Paul Martinka via AP)

Neely was reportedly having a mental episode on the subway route, yelling and pacing back and forth, when Penny interjected, tackled him to the ground and put him in a chokehold, according to witnesses and police.  

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"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived," attorneys said. "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."

New York police officers respond to the scene where a fight was reported on a subway train, Monday, May 1, 2023, in New York. A man suffering an apparent mental health episode aboard a New York City subway died on Monday after being placed in a headlock by a fellow rider, according to police officials and video of the encounter. (Paul Martinka via AP)

Manhattan prosecutors are investigating Neely’s death after the city’s medical examiner determined the Michael Jackson impersonator, who was experiencing homelessness, died from the compression against his neck. 

The freelance journalist, who shot the now viral video of the incident, Juan Alberto Vazquez told the New York Post that Neely "started screaming in an aggressive manner" and complaining that he had no food and nothing to drink. The Marine veteran allegedly held Neely in a chokehold for 15 minutes, according to Vazquez.

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His death has been ruled a homicide by the city's medical examiner and police have not arrested anyone in connection to the crime. 

"As part of our rigorous ongoing investigation, we will review the Medical Examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records. This investigation is being handled by senior, experienced prosecutors," a spokesperson for Manhattan District Attorney Alvin Bragg said in a statement.

Jordan Neely (left) and Moses Harper doing their Michael Jackson impersonations in front Regal cinemas in Times Square where the Michael Jackson movie "This is IT" is screening, Tuesday, October 27, 2009. Neely was killed on Monday, May 1, 2023 on a New York City subway after reportedly being placed in a chokehold by a fellow passenger. (Andrew Savulich/NY Daily News Archive via Getty Images)

The incident has sparked protests across the city demanding justice for Neely’s killing with state and local politicians calling for a renewed urgency in addressing the mental health crisis.

"For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways," Penny's attorneys said in a statement Friday. 

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The Manhattan DA's Office is asking anyone who witnessed the fatal encounter or has information about it to call 212-335-9040.

Fox News' Rebecca Rosenberg contributed to this report.