The family of Jordan Neely, the man who died after being held in a chokehold by a fellow New York subway passenger, have spoken out.
Neely, 30, had been travelling northbound on the F Train last Monday (1 May) - where he would often impersonate Michael Jackson - when passengers noticed him starting to behave erratically.
An attempt intervene was made by marine veteran Daniel J Penny, 24, who tackled Neely to the ground and put him in a chokehold until his body went limp.
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Paramedics arrived shortly after to rush Neely to hospital, but he was pronounced dead at Manhattan hospital.
Although lawyers for Penny argue that he had been acting in defence of the other passengers on the train, medical examiners have ruled Neely's death as a homicide.
That being said, the case will not necessarily be prosecuted as such.
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"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness," a statement from Penny's lawyers had read.
"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.
"Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death," it added.
Now, the family of Neely have come forward with their own statement, hitting back at Penny and his legal team for expressing no remorse and feeling 'entitled' to kill their loved one.
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A statement released from the attorneys representing Neely's family, Donte Mills and Lennon Edwards, reads: "Daniel Penny’s press release is not an apology nor an expression of regret.
"It is a character assassination and a clear example of why he believed he was entitled to take Jordan's life."
It continues: "The truth is he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing.
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"He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."
As of Tuesday morning (9 May), Penny has not been charged with a crime.
The Manhattan district attorney’s office said it is investigating.
“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,” a spokesperson for the DA said.
As news of Jordan Neely’s death spread online, including a devastating video of the encounter, people from New York and beyond have reacted strongly.
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While some have described the act as a lethal overreaction to a person in the throes of mental illness while others defended the Marine veteran’s actions.
A group of protesters gathered last week the station where Mr Neely died to call for an arrest.