The family of the homeless man choked to death on a train has said the former marine who allegedly restrained him "needs to be in prison."
Jordan Neely, who was a well known face on the New York Metro, died after he was allegedlly put in a fatal chokehold by former marine, Daniel J. Penny.
In the moments before the fatal incident on Monday afternoon, Mr Neely, a 30-year-old Michael Jackson impersonator, was yelling at other passengers that he was hungry and ready to die.
Both Mr Neely and the man who is accused of putting him in the fatal chokehold were riding the F train heading towards Broadway Lafayette station in New York.
The city’s medical examiner confirmed Mr Neely's death has been ruled as homicide by way of pressure to the neck. He reportedly had autism and schizophrenia.
Mr Neely's family released a statement on Monday after Mr Penny released one of his own on May 5 which said he 'could not have foreseen [Neely's] untimely death.'
It also said that Mr Penny was merely trying to restrain Mr Neely, who was accused of being disruptive on board an F train, until the police arrived.
The family described Mr Penny's statement as a "character assassination" and said his actions "show why he needs to be in prison."
Their full statement read: "Daniel Penny's press release is not an apology nor an expression of regret.
"It is a character assassination and a clear example of why he believed he was entitled to take Jordan's life.
"In short, his actions on the train, and now his words, show why he needs to be in prison."
This came in response to Mr Penny's statement released through lawyers which blamed politicians for turning a blind eye to mental illness and claimed Mr Neely began "aggressively threatening" other passengers on the train.
He wrote: "We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr Neely.
"Mr Neely had a documented history of violent and erratic behaviour, the apparent result of ongoing and untreated mental illness.
"When Mr Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived.
"Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
"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."
Juan Alberto Vazquez, a journalist who captured the incident, told the New York Post that Mr Neely had been complaining of hunger and thirst but had not physically hit anyone.
Mr Neely reportedly yelled: "I don’t have food, I don’t have a drink, I’m fed up. I don’t mind going to jail and getting life in prison. I’m ready to die."
The reporter said the former marine went over to Mr Neely after he chucked his jacket to the floor.
In the disturbing video, Mr Neely was seen on the subway floor with the man's arm around his neck while a second man holds his arms and a third passenger holds his shoulders down.
As he tries to free himself the victim starts to lose consciousness.
When emergency services arrived he was rushed to hospital where he was pronounced dead.
The marine was taken into custody by New York Police Department officers and released without charges.
