Ex-Marine Daniel Penny, who placed a fellow passenger in a chokehold on a New York subway, surrendered to police this morning
Penny, 24, accused of causing Jordan Neely's death on 1 May, appeared in court facing a manslaughter charge
Neely, 30, who was homeless and asking fellow passengers for money, was pinned to the ground and restrained for several minutes
A video of the incident has caused waves of protests across New York city over the way homeless people are treated
Penny was released on $100,000 bail after an arraignment hearing
Our live coverage of the arrest of Daniel Penny for the killing of Jordan Neely has finished, but we'll be bringing you further updates in our news story here:
Ex-Marine charged with New York subway chokehold death
Reporting was provided by Madeline Halpert in New York, Jack Burgess in London and Max Matza in Seattle.
Image source, Getty ImagesProtesters stand on the train tracks at the Lexington Ave/63rd Street subway station during a "Justice for Jordan Neely" protest
Multiple protests erupted in the days after Jordan Neely's death on a New York subway.
One of the demonstrators, Kyle Ishmael, a 38-year-old who lives in Harlem, said the video of Neely's death "disgusted" him.
"I couldn't believe this was happening on my subway in my city that I grew up in," he told BBC's US partner, CBS News.
At one protest last week, dozens of people were taken into custody after a group of people jumped down onto the subway tracks.
Some of the rallies have turned violent, with images of a bloodied man being taken to a police van circulating widely on media.
Max Matza
US reporter
I've been speaking to legal experts about the case. Here's what New York defense attorney Jeffrey Lichtman told me.
He says that prosecutors will fail to win their case against Daniel Penny because the state must prove that Penny knew his actions could kill.
Penny, he tells me, was selflessly risking his life to protect fellow passengers, and witnesses have said they did not expect the tussle on the subway floor to end in death.
"It's not like he snuck up behind him and hit him over the head with a brick or a bat," he says, adding that at any point Neely could have submitted and ended the struggle.
Any New Yorker, including members of a future jury, will have had several encounters with mental illness on the subway. Most jurors, he says, would prefer that an ex-Marine such as Penny step in to prevent a person on the subway from turning violent.
"If litigated properly this is a slam dunk acquittal," he says, calling Penny a "sympathetic defendent".
Madeline Halpert
Reporting from court
Two protestors are here to support Daniel Penny, who was just arraigned in court.
They are standing behind a sign calling for his “freedom”.
The pair declined to talk to reporters.
An online fundraiser for Penny's legal costs has just hit $327k (£262k) in donations.
While a memorial outside the courthouse is dedicated to Jordan Neely, no protestors are here right now on his behalf.
A fundraising page to help pay for the funeral of Jordan Neely has raised $60k (£48k).
Madeline Halpert
Reporting from court
Daniel Penny’s arraignment has just finished.
He entered the court wearing a suit with his hands cuffed behind his back as court officials recounted what happened the day in the New York City subway when Jordan Neely lost his life.
A judge set his bail at $100,000 and told him he must appear in court on 17 July or a warrant will be issued for his arrest.
As previously reported, he is charged with second-degree manslaughter.
No plea was entered by Penny and he walked out of the courtroom surrounded by his legal team.
Madeline Halpert
Reporting from court
Image source, ReutersPenny seen leaving the Manhattan court after his arraignment hearing
Penny has just left the courtroom after the end of his arraignment dressed in a suit and sneakers.
He shakes someone's hand on his way out the door.
A court official asks reporters in the courtroom to remain seated.
Madeline Halpert
Reporting from court
A judge has just set Penny's next hearing date for 17 July.
He says a warrant for his arrest will be issued if Penny doesn't appear.
"Do you understand that?" the judge asks.
"I understand," Penny responds.
Madeline Halpert
Reporting from court
Penny's handcuffs have just been removed as he signs a waiver of extradition.
Bail has been set at $100,000 (£80,000) cash or insurance company bonds. He is not allowed to leave the state without coming to the court, the judge says.
Madeline Halpert
Reporting from court
Daniel Penny's lawyer is talking now.
He says the former US Marine has ties to the community and has resided in New York City his entire life, outside of the time he was serving in the military.
As a teenager, Penny enlisted in the US Marine Corps and served four years before being promoted to sergeant, according to his attorney.
He was honourably discharged and is enrolled in a full-time bachelor's college degree studying architecture. He won several medals during his time in the military, his lawyer added.
Madeline Halpert
Reporting from court
A court official is walking through what happened on the subway that day.
He said several witnesses observed Jordan Neely making threats.
Daniel Penny approached him and placed him in a chokehold, taking him down to the ground, the court official said.
Penny held him on the ground for several minutes, they said.
He restrained Neely's arms, and at some point, Neely stopped moving, the court official said. Police were summoned and found Neely unresponsive.
Madeline Halpert
Reporting from court
Daniel Penny has just entered the Manhattan courtroom where he will be arraigned.
His hands are cuffed behind his back and a mask covers his face as he walks up to speak to the judge.
Attorney Donte Mills, who is representing Jordan Neely's family, spoke to the press moments ago and argued that Daniel Penny should be charged with murder.
The manslaughter charge, he says, is not enough.
Mills claimed that a Marine understands the consequences of using force, and that Penny was well aware he was cutting off Neely's airway as he held him in a chokehold for nearly three minutes.
Penny will soon be arraigned in court. His lawyers spoke this morning and said he turned himself in "with the integrity and honour that is characteristic of who he is, characteristic of his honourable service in the United States Marine Corps."
Attorney: 'Manslaughter is not enough'
Attorney Donte Mills has now turned the conversation to why the Metropolitan Transportation Authority (MTA) took so long to get to the scene on 1 May.
“We also have to address how is someone allowed to be on the subway and be assaulted for 15 minutes straight and never receive any help?" he asked.
“Where was the MTA?”
There is a lot of support on the internet for Daniel Penny, who many say was defending people on the train by subduing Neely.
One of the reasons being brought up is that Neely was potentially dangerous, some say, noting his previous arrest record.
The Neely family lawyer is disputing this reasoning now.
"Daniel Penny did not know Jordan Neely before this incident. He did not know how many times he had been arrested.
"So that's a non-factor," Donte Mills says.
He adds that Penny had no knowledge of Neely's prior record, so that could not have factored into his intent.
The lawyer says the team representing Penny is trying to reconstruct the narrative around Neely's death to frame the former Marine as a hero looking out for public safety.
The legal team representing Jordan Neely’s family say a second-degree manslaughter charge is not strong enough, and it should be a murder charge.
At a press conference happening right now, two attorneys both spoke of how they believe there was enough intent shown by Daniel Penny to warrant a murder charge.
They say Penny, a former Marine, intentionally used a chokehold and held it until Jordan stopped breathing. They say he chose to use that method and it showed intent.
The legal team also said they had requested for charges to be filed against Penny days before action by authorities was taken.
Stream the press conference live at the top of the page.
Attorney Donte Mills says Jordan Neely was a regular young man at high school until his mother was murdered.
“He had demons. He went through tragedy at a very young age,” Mills said.
“And then his mother was taken from him and her body was dumped in a suitcase on a highway, and it changed Jordan's mentality forever.
"Jordan was loved, unfortunately when you're dealing with a mental illness you decide to pull away."
Donte Mills, an attorney for Jordan Neely’s family, is speaking. You can stream live at the top of this page.
Mills says “no-one on that train asked Jordan ‘what’s wrong, how can I help you.’ He was choked to death instead.”
“Mr Neely did not attack… He was choked to death. That can’t stand. That can’t be what we represent,” Mills said.
Mills questioned how vigilantism is allowed and “you can kill someone because you thought there was a possibility they could do something to you.”
Daniel Penny faces a second-degree manslaughter charge, which carries a maximum penalty of 15 years.
The state of New York says a person is guilty of manslaughter in the second degree when they "recklessly cause the death of another person". It is a class C felony.
Manslaughter in the first degree is a class B felony and can be punishable by up to 25 years in state prison. The New York penal code says a person is guilty when there is "intent to cause serious physical injury to another person".
So the difference between the charges comes down to intent.
First-degree means you wanted to hurt someone and they died, and second-degree means you acted recklessly and it caused the death of a person.
Penny will be arraigned in court later today where charges will be officially read.
This is the moment a handcuffed Daniel Penny was escorted out of the police station after turning himself in over the death of Jordan Neely. He is expected to be arraigned in court soon on manslaughter charges.