Daniel Penny, the Marine Corps veteran caught on video applying a fatal chokehold to Jordan Neely on a New York City subway train, surrendered to police Friday (May 12) and was charged with second-degree manslaughter.

CBS News reports that Penny, 24, didn’t enter a plea at his court appearance and was released on $100,000 bond. If convicted of the charges, Penny faces up to 15 years in prison at sentencing.

Police initially questioned but released Penny immediately after the May 1 incident, sparking outrage among scores of New Yorkers. Public opinion pressured district Attorney Alvin Bragg to file charges.

Viral cell phone video shows Penny on the train car’s floor with his arms wrapped around the neck of Neely, who suffered from mentally illness. Witnesses said Neely, 30, shouted at passengers when he entered the car, saying he was hungry and thirsty.

The police said Neely threw trash at passengers, according to The New York Daily News. That  led to an argument with Penny who allegedly approached Neely from behind and applied a chokehold.

Penny’s lawyers have said he was acting in self-defense while protecting other passengers from Neely’s allegedly aggressive behavior. They previously called Neely’s death – ruled by the medical examiner a homicide caused by compression of the neck – a “tragic incident.”

On Thursday, when media outlets reported the anticipated arrest, Penny’s attorneys released this statement:

"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. The unfortunate result was the unintended and unforeseen death of Mr. Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."

But an attorney representing Neely’s family disputes that Penny’s action was unintended and the consequences unforeseen.

"Daniel Penny chose, intentionally chose, a technique to use that is designed to cut off air — that's what he chose — and he chose to continue to hold that chokehold minute after minute, second after second, until there was no life left in Jordan Neely," attorney Lennon Edwards said Friday, according to CBS News.

Neely was a Michael Jackson impersonator who would dress up like the late king of pop and thrill audiences on the subways. According to The New York Post, Neely suffered from PTSD and depression. He was arrested 42 times over the past decade, including punching a female train passenger, 67, in the face in November 2021.