Daniel Penny, a US Marine veteran who held homeless street artist Jordan Neely in a fatal chokehold on a New York subway train earlier this month, has surrendered to police to face a second-degree manslaughter charge.
Penny left the police precinct in handcuffs and is expected to be arraigned later Friday.
"We believe that the conviction should be for murder because that was intentional," said Neely family attorney Lennon Edwards on Friday morning.
"At some point, when people are screaming, 'Let him go, you're going to kill him'... He could've chosen to let him go, but he didn't. And what did he think would happen if he didn't? He had to know he would die. He had to," said another Neely family attorney, Donte Mills, as Neely's father and aunt stood by.
Penny has "his head held up high" and is dealing with the situation "with the sort of integrity and honor that is characteristic of who he is" and "of his honorable service," said his attorney Thomas Kenniff.
On Thursday, a spokesperson for the Manhattan District Attorney's Office said, "We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place (Friday)."
Penny's attorneys said they are confident he will be "fully absolved of any wrongdoing."
"He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely," Penny's attorneys said in a statement Thursday.