Daniel Penny, a former US marine, who placed homeless busker Jordan Neely in a fatal chokehold on the New York subway was arraigned on charges of manslaughter.
The 24-year-old is being accused of killing the 30-year-old on May 1. The former marine, who is currently a student, did not enter a plea. Penny’s lawyers have argued that their client did not know that the action would lead to the busker’s death.
The homeless man allegedly reacted violently after he entered a train car in the New York City subway (aka metro rail) and whipped his shirt around saying he was fed up of being hungry and thirsty. There were eyewitnesses who perceived Neely’s actions to be violent.
Shortly after, Penny came in and put Neely in a chokehold and held him in that position for more than 2 minutes, with two other people helping him restrain Neely, who was flailing his arms about in order to free himself.
There were eyewitnesses who perceived Neely’s actions to be violent but there were also eyewitnesses who felt that Penny pinning him down with that chokehold for such a long duration of time was also excessive.
The entire event was recorded on their phone by freelance journalist Juan Alberto Vazquez, who also said that Neely threatened people but did not attack anyone.
The New York City chief medical examiner ruled that Neely’s death resulted from compression of the neck and ruled it a homicide.
Penny appeared at the Manhattan Criminal Court on Friday but was later released on $100,000 (£80,000) in cash bail. He has been directed to return to court on July 17 and turn over his passport and seek permission to cross state lines.
Penny was questioned by the police on the day of the incident and then later released.
The footage of the altercation has led to protests in several American cities and the Manhattan district attorney’s office has launched a probe.
Penny faces a count of second-degree manslaughter and 15 years behind bars if he is convicted. The jury has to find that Penny engaged in behaviour which “created an unjustifiable risk of death”, the BBC said.
(with inputs from the BBC)