While the charges will remain sealed until his arraignment, Penny was arrested on one count of second-degree manslaughter for Neely's death.
The exact charges will remain sealed until his arraignment, but he was arrested on one count of second-degree manslaughter for the homeless man’s May 1 death.
Penny, a 24-year-old U.S. Marine veteran, said that he felt compelled to act after Neely, who had a history of mental illness and violent incidents, allegedly verbally threatened other riders on an F train on May 1. "The three main threats that he repeated over and over was: ‘I'm going to kill you; I'm prepared to go to jail for life; and I'm willing to die," Penny said.In the video sent to Fox 5 NY, Penny detailed the hold used on Neely and said that he prayed the police would come.
Penny approached Neely from behind, wrapped his arm around Neely's neck, and dragged him to the floor of the subway car, as other riders helped restrain Neely until he fell unconscious. "I used this hold to restrain him and I did this by leaving my hand on top of his head to control his body. You can see in the video, there's a clear rise and fall of his chest indicating that he was still breathing and I’m calibrating my grip based on the force that he's exerting. I was trying to keep him on the ground until the police came," Neely said.Cellphone footage of the incident went viral, showing Penny with his arm wrapped around Neely's neck.
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