Debate around Jordan Neely's death rages on with arguments for and against charging Daniel Penny

Debate over charges in Jordan Neely's death rages on 2 weeks later

NEW YORK -- Two weeks after the death of Jordan Neely on the subway, a debate rages on about mental health care in New York City and whether Daniel Penny, the Marine veteran who put Neely in a chokehold, should be facing charges. 

"[Neely]was crying for help and the cry for help shouldn't be answered with 'I'm going to choke you to death,'" said Rev. Al Sharpton, who will delivery the eulogy at Neely's funeral on Friday. 

"[Penny] did something because he saw danger for other people and tried to prevent it, and I don't think, he did not meet the threshold where I think you charge someone," said former Gov. David Paterson. 

On May 1, witnesses said Neely, who was homeless and reportedly begging for food, was threatening and screaming at passengers on an F train. 

Video shows Penny putting Neely in a chokehold for several minutes. Neely later died and his death was ruled a homicide. Penny was questioned by police and released. 

After a week of intense protests and demands for Penny's arrest, on Friday the 24-year-old was arraigned on a charge of second degree manslaughter

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"Should Daniel Penny be charged with manslaughter? Absolutely, because he acted with indifference. He didn't care about Jordan. He cared about his self, and we can't let that stand. That's not who we are. That's not who we want to be," said Donte Mills, an attorney for Neely's family. 

Penny was released on bond and did not have to enter a plea. On WABC radio, his attorney said Penny should be celebrated for trying to protect others, instead of being charged. 

"He didn't enter the subway seeking to harm anyone, he didn't enter the subway seeking to attack someone. He was really putting himself in harm's way for the benefit of others," said attorney Thomas Kenniff. 

If convicted on the manslaughter charge, Penny could spend 15 years in prison.

The Manhattan District Attorney's office said it still plans to send the case to a grand jury. A felony charge would require an indictment. 

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