Daniel Penny was arraigned on a second-degree manslaughter charge and released on bond Friday after he was filmed placing Jordan Neely in a fatal chokehold on a New York City subway train this month. The case has prompted protests and calls for action from Neely’s family and lawmakers for nearly two weeks.

Penny, a 24-year-old Marine Corps veteran, turned himself in at Manhattan Criminal Court on Friday morning, 11 days after Neely, 30, was killed. Speaking to reporters outside the police station, Thomas A. Kenniff, one of Penny’s attorneys, said his client surrendered to police at the request of the Manhattan district attorney’s office.

Penny was released on $100,000 cash bond and ordered by New York City Supervising Judge Kevin McGrath to turn over his passport within 48 hours. Penny, who was seen leaving the courthouse at around 12:30 p.m., also signed a waiver of extradition and must get permission from the court should he seek to leave the state, according to the district attorney’s office.

Penny’s next court appearance is scheduled for July 17. If convicted, Penny could face five to 15 years in prison.

“After an evaluation of the available facts and evidence, the Manhattan D.A.’s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges,” Manhattan District Attorney Alvin Bragg (D) said in a statement. “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time.”

The fatal incident on May 1 sparked calls for an arrest and charges against Penny when video of the encounter showed him putting Neely, who was homeless, in a minutes-long chokehold. Penny was initially arrested and released without charges, which led to protests and outrage from public officials after the video went viral. According to police, witnesses described Neely as acting in a “hostile and erratic manner.”

After New York’s chief medical examiner ruled on May 3 that Neely’s death was a homicide, the Manhattan district attorney’s office confirmed Thursday that Penny would face a second-degree manslaughter charge.

Steven M. Raiser, who is also Penny’s attorney, confirmed on Friday that the attorneys had set up an online fundraiser on GiveSendGo, a Christian crowd-funding site, to help pay for Penny’s legal fees. More than $430,000 had been raised for Penny’s legal defense fund as of Friday afternoon on GiveSendGo. The funding platform was created after the siteGoFundMe removed far-right campaigns that went against its terms of service. GiveSendGo has also hosted fundraisers for defendants involved in the Jan. 6, 2021, riot at the U.S. Capitol and for Kyle Rittenhouse, who was acquitted on all charges after killing two people and wounding a third in Kenosha, Wis., in 2020. Conservative pundits and Fox News hosts have defended Penny, describing the manslaughter charge as “pro-criminal” and “anti-hero.”

Donte Mills and Lennon Edwards, attorneys for Neely’s family, said at a news conference Friday that while the family was pleased about Penny’s arrest and charge, they believed he should have been charged with second-degree murder. The family’s attorneys said they are seeking a grand jury indictment.

The family’s attorneys also said they spoke with Bragg on Tuesday and pushed for prosecutors not to wait to bring charges. Bragg’s office said that didn’t happen.

“Should Daniel Penny be charged with manslaughter? Absolutely,” Mills said. “He acted with indifference. He didn’t care about Jordan. He cared about himself.”

In a statement to The Washington Post, Penny’s attorneys said the arraignment “marks the first step in a long process to get to the truth.”

“In the end of that process, we fully expect that Danny will be exonerated of all charges,” Raiser and Kenniff said.

Penny’s arrest suggests prosecutors believed there was probable cause to file an initial set of charges. An indictment through the grand jury process can take time, and its efficiency is often at odds with the availability of witnesses, court schedules, the collection of evidence and other logistical factors.

In the May 1 incident, shortly after 2 p.m., Neely, a Black man, walked into the F train at the Second Avenue station and began shouting that he was hungry and thirsty, said freelance journalist Juan Alberto Vazquez, who was aboard the train and recorded the fatal chokehold.

“I don’t have food. I don’t have a drink. I’m fed up,” the man screamed, according to Vazquez. “I don’t mind going to jail and getting life in prison. I’m ready to die.”

Vazquez said Neely then “removed his jacket and aggressively whipped it to the floor” of the train. As Neely started shouting, much of the subway car cleared out, Vazquez said.

That’s when Penny, who is White, pinned Neely to the ground and placed him in a chokehold while two other passengers helped restrain him, video recorded by Vazquez shows. Neely, video shows, flailed his arms, kicked his legs and struggled to free himself before Penny released him and put him on his side.

Neely, who appeared unconscious at the end of the video, was pronounced dead at the hospital, authorities said.

Neely used to perform on the subway as a moonwalking Michael Jackson impersonator and had been placed in foster care after his mother was murdered when he was 14, Gothamist reported. He had lived in the Bronx, public records show.

Authorities have not said how long he had been in the chokehold, but Vasquez wrote on Facebook that the men were in that position “for about 15 minutes” while bystanders and the train operator called the police.

Days after the Neely’s death, Penny, whom authorities had not yet publicly identified, released a statement saying he acted in self-defense after Neely “aggressively” threatened him and other passengers. In the three paragraphs released May 6 by his lawyers, Penny said he “never intended to harm Mr. Neely and could not have foreseen his untimely death.”

Penny, a college student, served in the Marines as a rifleman from 2017 to 2021, reaching the rank of sergeant, according to records provided by the service. A Marine Corps spokesperson said in an email that the service is aware of the incident involving Penny and will cooperate, if asked, with the agencies investigating the events.

Neely’s death prompted outrage among some public officials. Rep. Alexandria Ocasio-Cortez (D-N.Y.) called the incident “disgusting” and labeled the man who placed Neely in the chokehold a “murderer.” The Rev. Al Sharpton also urged authorities to pursue manslaughter or murder charges.

New York Mayor Eric Adams (D), who has made subway safety a focus during his administration, said in a statement to The Post on Thursday: “I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely. I have the utmost faith in the judicial process, and now justice can move forward against Daniel Penny.”

Penny’s arrest was celebrated by Democratic lawmakers and activists. Sharpton said the charge against Penny was “just step one in justice for Jordan Neely.”

“The justice system needs to send a clear, loud message that vigilantism has never been accepted,” Sharpton said in a news release. “Being homeless or Black or having a mental health episode should not be a death sentence.”

Rep. Ritchie Torres, a Democratic Congress member who represents the Bronx, praised Penny’s arrest, saying Neely “did not manifest any physical threat.”

“There was no justification for choking him to death,” Torres tweeted. “Daniel Penny has been charged with manslaughter and should be prosecuted to the fullest extent of the law.”

Penny was seen walking in to the police station at 8 a.m. Friday wearing a suit and sneakers. He did not answer questions from journalists. He left the precinct in handcuffs before 11 a.m. and headed over to the court to be arraigned.

Lawyers Mills and Edwards were joined at the Friday news conference by Neely’s father, Andre Zachery, and Neely’s aunt, Mildred Mahazu. The family’s attorneys said that after Neely’s mother was murdered, Neely turned his attention to becoming a Jackson impersonator to make other people smile when he could not. Edwards denounced Penny and his attorneys for saying that Penny never intended to harm Neely.

“Daniel Penny is getting a chance to rewrite his story as time goes by,” Edwards said. “He cannot rewrite how the story ends. The story ends with his arms wrapped around Jordan’s neck and choking him to death.”

They said the charge is a step in the right direction for Neely’s family and the supporters who’ve demanded accountability in the days since Neely’s name became known across the country.

“Mr. Neely did not attack anyone, he did not touch anyone, he did not hit anyone. But he was choked to death,” Mills said. “That can’t stand. That can’t be what we represent.”