On Friday, Daniel Penny, a 24-year-old Marine Corps veteran and college student, released a statement through his attorneys addressing a viral video that captured him putting Jordan Neely in a chokehold on a New York City subway.

The incident ultimately led to Neely’s death. The law firm Raiser and Kenniff, P.C. issued the statement on Penny’s behalf, which began by expressing condolences to those close to Neely.

Neely, 30, had a documented history of violent and erratic behavior due to ongoing, untreated mental illness.

The statement explained that when Neely started aggressively threatening Penny and other subway passengers, Penny, with the assistance of others, acted in self-defense until help arrived.

It emphasized that Penny never intended to harm Neely and could not have anticipated his death.

The statement also addressed the broader issue of mental illness, highlighting the need for elected officials to tackle the mental health crisis on streets and subways. Neely had been arrested 42 times by the New York Police Department over the past decade.

The New York Daily News reported his most recent arrest in November 2021 for felony assault charges after allegedly striking a 67-year-old woman, causing severe injuries.

Witnesses to Monday’s subway incident said Neely engaged in an aggressive tirade, moving erratically and shouting that he didn’t care about going to jail, according to freelance journalist Juan Alberto Vazquez and a report from The New York Post.

With help from at least one other passenger, Penny subdued Neely.

The New York City medical examiner confirmed Neely’s death resulted from a chokehold and ruled it a homicide. However, a criminal trial is necessary to determine intent or culpability.

Manhattan prosecutors and detectives are currently discussing whether the case should be presented to a grand jury to decide on potential charges, as reported by The New York Daily News.

A police source revealed that five passengers called 911 before and during the altercation.

Callers reported Neely issuing threats, harassing and attacking people, and stated that the Marine was restraining him until police officers could arrive.

Another caller claimed Neely had a knife or gun, but no weapons were found on him.

First responders were unable to revive Neely at the scene.