Daniel Penny, the man who placed Jordan Neely in a lethal chokehold on a New York City subway in early May, surrendered to authorities on Friday morning after prosecutors charged the 24-year-old Marine veteran with second-degree manslaughter.

Thomas Kenniff, Penny’s lead counsel, said in a brief statement that his client had, “turned himself in here voluntarily and with the sort of dignity and integrity that is characteristic of his dignity of service to this grateful nation. The case will now go to court we expect an arraignment this afternoon. The process will unfold from there.”

Kenniff, a Republican veteran of the Iraq War and a rival of Manhattan District Attorney Alvin Bragg, told reporters that the trial would clear Penny’s name. “Once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing,” he said.

“When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers,” read the statement from Kenniff’s law firm. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”

Authorities did not immediately charge Penny with a crime after Neely’s death on May 1. Bragg’s office announced the manslaughter charge on Thursday after growing public backlash.

Attorneys representing the Neely family condemned an earlier statement made by Kenniff on May 5 which argued that Neely “had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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 truth is, he knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing,” Donte Mills and Lennon Edwards, lawyer’s representing Neely’s family, wrote in a statement.

“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.”

Neely, a homeless man with an extensive criminal record that included at least 40 charges ranging from assault to disorderly conduct, began acting erratically on a northbound F train in New York City when Penny intervened. Eyewitness said that Neely had made repeated threats to passengers, stating his willingness to “hurt anyone” and saying that he was unbothered by the prospect of returning to jail or being killed.

After Neely’s death, protesters flocked to the subway platform at Broadway-Lafayette station days later to demand action, with many blaming the killing on racism and the city’s handling of homeless people.

New York Governor Kathy Hochul called Neely’s death “horrific,” and she said the one-time Michael Jackson impersonator was killed simply for “being a passenger on our subway trains.” She said Neely’s family “deserves justice.”

New York City Mayor Eric Adams struck a different chord, suggesting it was “irresponsible” to determine fault before all the facts are known. “We do know there were serious mental health issues in play here which is why our administration has made record investment in providing care to those who ended it and getting people off the streets and subways, and out of dangerous situations.”

Representative Alexandria Ocasio-Cortez (D., N.Y) denounced the mayor’s comments.

“This honestly feels like a new low: not being able to clearly condemn a public murder because the victim was of a social status some would deem ‘too low’ to care about,” she wrote on Twitter. “The last sentence is especially rich from an admin trying to cut the very services that could have helped him.”

Penny faces up to 15 years in jail if convicted.