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May 6 (UPI) -- Calls to file charges in the chokehold death of a homeless man on the New York City subway continued to grow Saturday as civil rights activist Rev. Al Sharpton demanded action in the case. Jordan Neely, a 30-year-old man who was well known to subway riders as a Michael Jackson impersonator, died Monday after being placed in a chokehold by a fellow passenger while riding a Metropolitan Transit Authority subway car.
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His death has triggered condemnations with protestors gathering outside the Manhattan District Attorney's office on Friday calling for justice.
The incident was captured on video, showing 24-year-old former U.S. Marine and current college student Danny Penny restraining Neely, who is Black.
Penny was not arrested at the time and has not been charged in the case.
His lawyer told CBS News that Penny did not intend to kill Neely, but only tried to restrain him until police arrived.
Witnesses on the train said Neely, who had a history of mental illness, began acting erratically, leading to Penny and other passengers attempting to restrain him.
The New York City Medical Examiner ruled Neely's death a homicide.
A grand jury could be summoned as early as next week to determine if there is sufficient evidence to merit charges, KABC-TV reported.
Sharpton joined in the calls to press charges against Penny in comments delivered Saturday at the Harlem headquarters.
A failure to prosecute the case, he said, would "set a standard of vigilantism that we cannot tolerate. The precedent alone is a threat to all of us. We cannot allow this lawlessness to go unchecked."
Penny's lawyers said Saturday that Neely "aggressively threatened" their client.
Penny, "with the help of others, acted to protect themselves, until help arrived," the New York City law firm Raiser and Kenniff said in a statement issued to media outlets. "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."
The District Attorney's office promised Friday to "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" in deciding whether to bring charges.
