Penny attorneys said that he was acting in self-defense during the fatal encounter with Neely aboard an uptown F train Monday.
when he placed the homeless man into a deadly chokehold on a Manhattan subway, his lawyers said Friday.
“When Mr. Neely began aggressively threatening Daniel Penny and 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.” The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck .”
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