Penny was indicted by a grand jury in connection with Neely’s death back on June 14. He was initially arrested on a second-degree manslaughter charge.
Penny said he felt compelled to act after Neely, who had a history of mental illness and violent incidents, allegedly verbally threatened other riders.
Penny approached Neely from behind, wrapped his arm around Neely's neck, and dragged him to the floor of the subway car, as other riders helped restrain Neely until he fell unconscious. Cellphone footage of the incident went viral, showing Penny with his arm wrapped around Neely's neck. One passenger can be heard telling Penny, "You’re going to kill him."Neely had earned money imitating Michael Jackson in the past, but was homeless at times.
Jordan Neely is pictured before going to see the Michael Jackson movie outside the Regal Cinemas in Times Square in 2009."He was a good kid. He just had a rough life," said Melyssa Votta a friend who attended high school with Neely at Washington Irving High.
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