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June 28 (UPI) -- Daniel Penny pleaded not guilty on Wednesday to charges of second-degree manslaughter and criminally negligent homicide after the chokehold death Jordan Neely on a subway train. Penny, 24, is free on $100,000 bail and is due to appear in court on Oct. 25.
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He was first arrested May 12, on a second-degree manslaughter charge and was indicted earlier this month, but the full charges were not revealed until Wednesday.
"Daniel Penny stands indicted for manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes after he stopped moving," District Attorney Alvin Bragg said on Wednesday. "I hope Mr. Neely's loved ones are on the path toward healing as they continue to mourn this tragic loss."
Penny, who is White, was captured on video on May 1, choking Neely, who was Black, for nearly three minutes after Neely, who was homeless at the time, started shouting on the train that "he had no food, he had no drink" and that "he was tired." Neely had had a lengthy history of run-ins with police and a history of mental illness.
While Penny kept his arms around Neely's neck for 50 seconds after he stopped moving, the train's conductor called 911. EMS workers were not able to revive Neely.
During Wednesday's arraignment, Penny's attorneys maintained that he acted out of self-defense.
"We are a long way off from trial, but all the evidence we've seen is that our client acted under the law," defense attorney Thomas Keniff said.
Neely's attorneys denounced Penny's behavior during the arraignment.
"Daniel Penny did not have the courage to look Mr. Jordan's father in the eye," said attorney Dante Mills, who is representing the Neely family.
Neely's family hailed the grand jury's decision.
"The grand jury's decision tells our city and our nation that 'no one is above the law' no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews," they said.
