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Manslaughter charge in Jordan Neely subway chokehold death follows pleas for action, change

Daniel Penny's attorney speaks out
Daniel Penny's attorney speaks out 02:39

NEW YORK - Daniel Penny turned himself in to face a second degree manslaughter charge in the chokehold death of Jordan Neely Friday morning. 

The Neely family and their attorneys are holding a press conference at 11 a.m. to respond to the second degree manslaughter charge. You can watch that live on CBS News New York

Meanwhile, Rev. Al Sharpton, who was invited to deliver Neely's eulogy, released a statement Friday responding to the second degree manslaughter charge. 

"Charges against this young man who thought he was above the law is just step one in justice for Jordan Neely. The video of him grabbing Jordan and strangling him to death is disturbing and any jury should see it as such. Let's not forget that there were three people restraining him, and it is vital that the two others are also held accountable for their actions," Sharpton said. "The justice system needs to send a clear, loud message that vigilantism has never been acceptable. Being homeless or Black or having a mental health episode should not be a death sentence."

Protest, pleas for charges in Jordan Neely's death before manslaughter charge announced 02:28

Thursday, moments before the DA announced the charges, there were peaceful protests and city leaders made emotional pleas for action in the prosecution of Penny. 

"Anyone on the subway train could have helped Jordan Neely. Anybody," City Council member Crystal Hudson said. 

"Whether we walking down the street, minding our business, or on the streets saying we are hungry, our life is on the line," City Council member Selvena Brooks-Powers said. 

"Accountability is key to make changes," Milton Perez of Vocal New York said. 

Neely's death at the hands of Penny has led to a bigger conversation around mental health support for the homeless in New York City. Witnesses told police after the 30-year-old subway performer's death that he had been acting erratically and begging for food before Penny intervened. 

"Let's be clear, let's be honest. There are more Jordans out there. I see them. I talk to them. We need to make sure we prevent these things from happening," Mayor Eric Adams said. 

"I dont think just incarcerating one person is going to take care of the issues we need to, which are much bigger in dealing with homelessness and mental health and housing for the community," one person said. 

Neely's brother in a foster home told CBS2 last week that the process failed them, and that Jordan used whatever money he made as a subway performer to pay for things like laundry and haircuts for his foster siblings - basics that his foster brother says their parents in the system weren't able to provide. 

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