1 May New York City

A New York City subway rider allegedly put another man in a chokehold which ultimately resulted in the man’s death. Daniel J. Penny, 24, a U.S. Marine veteran said he was acting to protect himself and other riders and never intended harm. Jordan Neely began acting strangely according to passengers and Penny put him in a chokehold. An altercation allegedly took place prior to the move. The incident occurred Monday, May 1, on a northbound F train, according to two law enforcement officials. “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,” lawyers for Penny said in a statement Friday evening. “Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.” Neely, 30, was unconscious when police arrived at the Broadway and East Houston Street subway station, and pronounced dead at a hospital, New York police said. He died from “compression of neck (chokehold)” and the manner was homicide, the city chief medical examiner’s office said. Penny was taken into custody Monday, questioned by police and released. No charges have been filed against him.