But it's on video and he clearly kills the guy. If the victim truly didn't threaten anyone, this guy deserves to be charged. He murdered the victim.
https://www.washingtonpost.com/nation/2 ... ny-subway/
NYC man accused of placing Jordan Neely in chokehold defends actions
The college student and Marine veteran accused of putting Jordan Neely in a fatal chokehold on a New York City subway released his first statement Friday since the incident, saying he acted in self-defense. The statement also identified the 24-year-old for the first time as Daniel Penny.
The three paragraphs released through Penny’s lawyers alleges that Neely “aggressively” threatened Penny and other passengers. It added that Penny “never intended to harm Mr. Neely and could not have foreseen his untimely death.”
No one, including Penny, has been charged in connection with Neely’s death, which was ruled a homicide by the city’s medical examiner on Wednesday evening. The Manhattan district attorney’s office said earlier this week that they were reviewing the medical examiner’s report and video footage and interviewing witnesses as part of an investigation into the incident.
Penny expressed his condolences to those who knew Neely, 30, who used to perform on the subway as a Michael Jackson impersonator.
The fatal incident has become a flash point in New York and across the country after videos surfaced this week of Neely flailing his arms, kicking his legs and trying to free himself as Penny held him in a chokehold on the floor of the train. Neely was taken to the hospital once he was released from the hold and pronounced dead.