Daniel Penny released on bail after arrest over subway chokehold death of Jordan Neely

New York authorities release former U.S. Marine Daniel Penny on $100,000 bail on Friday after charging him with second-degree manslaughter in relation to the death of a transient on a New York City subway.

Penny was further ordered to hand over his passport within 48 hours and may not leave the state without permission from the court, the New York Post reported. He is next due back in court on July 17. Penny surrendered himself voluntarily on Friday morning. Manhattan District Attorney Alvin Bragg's office confirmed it would charge him on Thursday.

His legal team has contended Penny acted in self defense.

The charges stem from a May 1 incident on an F train during which a which Jordan Neely, a 30-year-old homeless man, was reportedly threatening passengers and throwing trash.

Video footage of the incident shows Penny placing Neely in a chokehold while at least two other passengers assist in restraining him. The medical examiner has ruled the death a homicide. Neely died at the hospital after falling unconscious during the incident, per the Post.

In a prior statement, Penny's attorneys pointed to Neely's history of mental illness. 

"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 behavior, the apparent result of ongoing and untreated mental illness," his attorneys said. "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."

Neely has a documented criminal record including more than 40 arrests, the Post noted.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.