Monday's demonstrations quickly devolved outside the subway station in SoHo where Neely, 30, was killed last week.
Witnesses told police Neely was acting erratically and begging for food. He has dozens of prior arrests. "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death," Penny's attorneys said in a statement.
At one point in the cellphone video of the chokehold, a bystander said to Penny,"My wife is ex-military. You're gonna kill him now." A few seconds later, another rider who appeared to be restraining Neely's hands said,"He's not squeezing no more." "If he's gonna be charged with manslaughter, the theory is going to be that he was aware of a risk that he could cause his death and he just disregarded that," said Mark Bederow, a criminal defense attorney and former prosecutor.
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