A 24-year-old former Marine who put Jordan Neely, a subway rider in New York City, in a fatal chokehold has justified his actions, claiming he and the other commuters were acting in self-defense.
Daniel Penny offered his sympathies to Mr. Neely's family in a statement sent by his solicitors on Friday.
Homicide has been identified as the reason for his death. His death has not yet been the subject of any accusations.
The case has drawn attention to homelessness and criminality on public transit.
In a statement sent to US media, Mr Neely's solicitors stated, "We would first, like to express, on behalf of Daniel Penny, our condolences to those close to Mr Neely."
A 30-year-old homeless Michael Jackson impersonator named Mr. Neely, according to the statement, "had a documented history of violent and erratic behavior," which they claimed was "the apparent result of ongoing and untreated, mental illness."
The attorneys continue by saying that Mr. Neely had been "aggressively threatening" their client and other passengers and that Mr. Penny and other passengers "acted to protect themselves until help arrived".
Daniel could not have predicted Mr. Neely's premature death and neither did he aim to injure him.
Police and the Manhattan district attorney are presently deliberating whether to file charges. Homicide is defined as a death brought on by another person, however, it is not always a murder.
On the F-line train in Manhattan's SoHo neighborhood, the event occurred on Monday in the late afternoon.
The 30-year-old guy was allegedly acting abnormally, and the former Marine is shown holding him around the neck for two minutes and 55 seconds in a video that was recorded on the train by a freelance journalist.
His arms are also seen being restrained by two other passengers. The man is seen afterward laying lifeless on the ground after all three of them eventually released go of him.
During the altercation with Mr. Neely, Mr. Penny instructed other passengers to dial 911, according to police, according to CBS News, the BBC's US partner.
According to the network, a grand jury will likely convene the next week to decide if there is sufficient proof to file charges. If charges are filed, Mr. Penny would likely contend that his response was necessary to protect himself.
Experts told the New York Times that in order for Mr. Neely to be found guilty, the prosecution must demonstrate that he used lethal force without having reasonable grounds to think Mr. Neely would have done the same.
In response to the chokehold tragedy, demonstrations have been conducted demanding an arrest to be made.
The letter from Mr. Penny's attorneys said, "We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways."