New York City police believe they have identified one of the two men seen on video helping ex-Mar. Daniel Penny hold back Jordan Neely during a subway confrontation Earlier this month.

The previous US Marine choked a homeless Manhattan F train performer, Jordan Neely, to death on the subway car earlier this month.

Neely’s death was ruled a homicide by the New York Medical Examiner’s Office due to compression to his neck. Video footage and eyewitness accounts show a man believed to be Mr Penny with his arm wrapped around Neely for several minutes until his eyes closed and his body went limp.

On May 11, the Manhattan District Attorney’s office announced that Penny would be charged with second-degree murder. He turned himself in to authorities in Manhattan the following morning, and was released after posting $100,000 bail following a brief hearing. His next appearance is scheduled for July 17.

Sources said New York Post that authorities have searched the surveillance footage and believe one of the two men helped 24-year-old Mr. Penny fastens the homeless man has been identified.

In the video, one man can be seen trying to tie up Neely’s arms, and the other is squeezing Neely’s shoulder.

The source was quoted as saying that NYPD officials have yet to speak with the person identified in the video.

In the video captured by a bystander on May 1, the 30-year-old Neely was seen yelling at others and throw trash.

In a statement shared with The Independent on May 5, lawyers for Mr Penny said that when Neely “began to aggressively threaten Daniel Penny and the other passengers, Daniel, with the assistance of others, acted to protect themselves, until help arrived”.

Publicly shared video footage taken by journalist Juan Alberto Vazquez shows a man believed to be Mr Penny and two other men holding Neely to the floor of a train carriage on May 1. Police initially questioned but did not arrest Mr Penny.

Meanwhile, lawyers for Neely’s family said the statement by Penny’s legal team was neither “an apology nor an expression of remorse” but “character assassination and a clear example of why he believed he had the right to take Jordan’s life.”

Neely’s family has said Penny should be tried for murder. The former US Marine was formally charged with second-degree murder.

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