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Posted: 2023-05-13T22:57:25Z | Updated: 2023-05-13T22:57:25Z

Jordan Neelys family and their attorneys recently suggested that Daniel Penny, the 24-year-old Marine veteran who put Neely in a fatal chokehold, should face more severe charges.

Neely, a 30-year-old Black homeless man, was riding the F train in New York on May 1 when Penny, with the help of other subway riders, placed him in a chokehold. Witnesses said Neely had been yelling about not having food and water prior to Pennys intervention.

On Thursday, Penny was charged with second-degree manslaughter nearly two weeks after Neelys death, which had been ruled a homicide by a medical examiner. If found guilty of manslaughter, Penny could face a five to 25-year prison sentence.

But the Neely family attorneys believe the current charges are insufficient.

Is that enough for someone who choked somebody out on a train and took their life? Lennon Edwards, one of the Neely family attorneys, said at the news conference on Friday.

Justice looks like a conviction for murder, Edwards stated.

We need a full cup of justice here, and were asking for us to continue to press forward until that happens, Edwards added.

Following the incident, Penny was questioned by the police but was then released, prompting days of protests demanding accountability and justice.

Edwards said he and Neelys family spoke with the district attorney prior to Pennys arraignment, who told them there was no timeline for an arrest because the evidence was still being gathered. However, an arraignment could occur maybe in June, according to Edwards.

We told them that there is enough evidence already for an arrest. There is enough information already for the process of justice to begin, Edwards said during the news conference.

Witnesses told the police that before Pennys involvement, Neely behaved erratically and screamed about hunger and tiredness.

The man got on the subway car and began to say a somewhat aggressive speech, saying he was hungry, he was thirsty, that he didnt care about anything, he didnt care about going to jail, he didnt care that he gets a big life sentence, Juan Alberto Vazquez, who captured the incident on video, told NBC New York . That It doesnt even matter if I died.

On May 6, Penny and his attorneys released a statement claiming Neely had a documented history of violent and erratic behavior and Penny, along with other passengers, had acted to protect themselves after Neely began aggressively threatening them.

Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death, the attorneys said in the statement.

But witnesses told prosecutors that Neely did not attack anyone, CBS News reports .

No one on that train asked Jordan, Whats wrong? How can I help you? He was choked to death instead, Donte Mills, another Neely family attorney, said at the news conference.

Penny turned himself in on Friday and was released after posting bond later that day, NPR reports . In a statement , Pennys attorneys maintained that he had stepped in to protect himself and his fellow New Yorkers on the day of the incident and that theyre confident he will be fully absolved of any wrongdoing.

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The Manhattan District Attorneys Office will share evidence with the grand jury, which will be used to determine whether Penny should be indicted for manslaughter or other charges, according to NPR . Penny is expected to appear in court in July.

[Penny] cannot rewrite how the story ends, Edwards said. The story ends with his arms wrapped around Jordans neck, choking him to death, and thats what he has to pay for.

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