The family of Jordan Neely, the man who was held in a chokehold and died on the subway in New York last week, issued a statement criticizing the "indifference" of the man who restrained Neely and calling for his imprisonment, while prosecutors continued investigating the case.
"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," family attorneys Donte Mills and Lennon Edwards said.
"In the first paragraph he talks about how 'good' he is and the next paragraph he talks about how 'bad' Jordan was in an effort to convince us Jordan's life was 'worthless,'" the attorneys said. "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.
"In the last paragraph, Daniel Penny suggests that the general public has shown 'indifference' for people like Jordan, but that term is more appropriately used to describe himself. It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message. 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," they said.
The statement comes amid growing pressure from protesters to bring criminal charges in Neely's death. Attorneys for Penny, the 24-year-old US Marine veteran who put Neely in the fatal chokehold, have said he acted in self-defense.
Prosecutors in the Manhattan District Attorney's Office conferred over the weekend, and meetings will be conducted with the New York City medical examiner's office as well as detectives working the case this week as they continue to determine a pathway forward, a law enforcement source told CNN.
Neely, a street artist known for his Michael Jackson impersonations, had begun shouting at passengers that he was hungry, thirsty, and had little to live for last week aboard a subway train in downtown Manhattan.
"I don't care if I die. I don't care if I go to jail. I don't have any food ... I'm done," Neely said, according to a witness.
Penny came up behind Neely and put him in a chokehold, forcing him to the floor and keeping him restrained for several minutes until he stopped breathing. Police eventually arrived to the station and administered first aid to an unconscious Neely, and he was pronounced dead later.
Neely did not interact with the passenger at all before the attack, according to Juan Alberto Vazquez, who recorded the altercation on video.
Penny was interviewed by detectives and released, a law enforcement source said. The medical examiner's office ruled the death a homicide, but prosecutors have not yet brought criminal charges.
In a statement last week, Penny's attorneys expressed condolences to Neely's family but said he had been threatening passengers.
"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," the attorneys said. "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
"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."
