Self-defense or vigilantism? NYC subway rider accused of homeless man’s chokehold death

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The debate is intensified by the fact that Neely, a subway busker who performed dance routines in costume as Michael Jackson, suffered from mental illness.

Penny’s lawyers claim Neely has a documented history of violent and erratic behavior. And the last incident would have resulted in violence if Penny had not stepped in.

 Attorneys for his family claim Neely was suffering from mental illness, which began when he witnessed the brutal murder of his mother at the age of 14.

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Self-defense claim

According to Penny’s attorney’s statement, “For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.”

Manhattan District Attorney Alvin Bragg is expected to present the case to a grand jury for its consideration of possible charges, but the timing of when charges might materialize, or when the case would otherwise close without prosecution, was not clear.