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in a chokehold for several minutes on a new york subway on may 1st now stands accused of second-degree manslaughter for recklessly causing his death. the manhattan district attorney s office bringing the charge after numerous witness interviews, a review of photo and video footage and discussions with the medical examiner. the prosecutor telling the court witnesses observed neely making threats and scaring passengers, adding penny approached neely from behind and placed him in the chokehold, taking him down to the ground. when the train arrived at the next stop, penny continued to hold neely in the chokehold for several minutes. two other men helping to restrain his arms. at some point mr. neely stopped moving. the defendant continued to hold mr. neely for a period and then released him. penny s lawyers argue he risked his own life and safety to protect himself and fellow new yorkers, resulting in the unintended and unforeseen death of mr. neely. adding they are confident pen

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