The 24-year-old marine turned himself in to authorities last month on a charge of second-degree manslaughter.
. Last month, Penny was charged with second-degree manslaughter and turned himself in to authorities before being released on bond.
On May 1, Penny was on an F train with Neely, a 30-year-old man who appeared to be unhoused and was reportedly acting erratically. Penny and other passengers began physically restraining Neely, holding him down on the floor of the subway car. Ashows Penny’s arms locked around Neely’s neck in a choke hold for several minutes as Neely struggled to get free. Medical personnel arrived and transported Neely to a nearby hospital, where he was later pronounced dead.
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