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Jordan Neely's death prompts calls for justice, change; "How can we start saving those that are literally crying for help?"

Jordan Neely's death prompts calls for Marine veteran's arrest
Jordan Neely's death prompts calls for Marine veteran's arrest 02:39

NEW YORK -- The NYPD and Manhattan District Attorney's Office continue to investigate the death of a subway rider who was put in a chokehold by a Marine veteran

It was deemed a homicide.

Some activists are calling for charges, and are outraged none have been filed.

Sources say the NYPD doesn't expect any Thursday, but police say they continue to be in close contact with the district attorney. The decision is up to him on how to proceed.

MORE: Pressure mounting on Manhattan DA Alvin Bragg to charge Marine veteran in Jordan Neely's death

A handful of angry New Yorkers gathered outside Alvin Bragg's office, calling for accountability in the death of 30-year-old Jordan Neely on a subway.

"How can we start saving those that are literally crying for help?" community leader Rashid Littlejohn said.

Calls continue for arrest of Marine veteran in subway choking death 02:56

New information from sources reveal on Monday afternoon police received five 911 calls reporting a person on an F train, including making threats, an assault underway, and a person with a possible knife or gun. No weapons were found.

Neely, meanwhile, was restrained by three people, including a Marine veteran, who held him in a chokehold, while two other passengers helped restrain his arms.

"It was a clear violation of his civil rights, that moment when he couldn't breathe," one person said.

Police say Neely lost consciousness and was rushed to Lenox Hill Hospital, where he was pronounced dead. The medical examiner later determined he died from compression of the neck.

"I am calling for a veteran that's a Marine to know how to de-escalate a situation without somebody losing their life," Littlejohn said.

The Marine was initially questioned and released as investigators went over the facts. According to the Marine Corps, he is a decorated veteran sergeant who separated from service two years ago.

Neely was a subway busker and Michael Jackson impersonator. In a GoFundMe page, his family says his mother, Christie Neely, was murdered in 2007. Her body was found stuffed in a suitcase in the Bronx after she was allegedly choked to death.

"I know that him losing his mother who never got over that," friend Moses Harper told CNN.

Police say Jordan Neely had more than 40 prior arrests, including felony assault for punching someone in the head on the subway. He also had more than a dozen mental health encounters with police, where he reported he suffered from schizophrenia and complained of "hearing voices."

"Rather than helped, he was killed. If this isn't a symbol of how badly we've failed as a society on so many levels, I don't know what is," Councilmember Erik Bottcher said.

Friends of Neely's say his troubled past does not justify him being killed.

"He was a really enigmatic guy," Robin Diaz said.

Diaz first met Neely 10 years ago while they were busking in the same subway station.

"I want people to know Jordan was a good person. He was larger than life," Diaz said.

The City Council held a hearing Thursday on mental health, considering a slate of legislation that would expand outreach, education and resources.

"Establish community centers for individuals with severe mental illness in high-need areas. Because Jordan, himself, when he's asking for food, when he's asking for shelter, when he's asking for resources, a job -- he could have went to one of these community centers," Councilmember Kevin Riley said.

In the meantime, the DA's office said in a statement, "We will review the medical examiner's report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records."

When asked why in this case the police would have to wait for the district attorney to make an arrest, when there are plenty of other cases where police make an arrest as soon as they can when someone dies, New York Law School Professor Anna Cominsky said, "The prosecutor's office is involved now in the investigation. They are involved in thinking about what happened here, what charges, if any, should be brought, and so police are going to respect that and work together with the prosecutor's office, as opposed to just unilaterally making an arrest and then bringing those charges to the prosecutor's office."

Experts and sources tell CBS2 much of this case is going to come down to what happened in those moments leading up to the chokehold.

Cominsky said investigators are now likely digging into the Marine veteran's background.

"So in order to better understand that, we need to know what kind of training he's had, what he knows about chokeholds, whether or not he knows the force he was using could have caused the death of Mr. Neely. So I expect they're looking into all of that right now," Cominsky said.

Police said they are still looking for witnesses who may have gotten off the train and have not yet been interviewed. They're asking anyone who saw what happened or who took video to call them.

Anyone with any information is asked to call the NYPD's Crime Stoppers hotline at 1-800-577-TIPS (8477), or for Spanish, 1-888-57-PISTA (74782). You can also submit a tip via their website or via DM on Twitter, @NYPDTips. All calls are kept confidential.  

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