Penny, 24, was captured in videos recorded by bystanders putting Neely in a chokehold from behind for several minutes on May 1 while they rode on an F train in Manhattan.
Neely's death drew national attention and sparked protests in May by those angered by the police's delay of more than a week in arresting Penny, who is white, with killing Neely, who is black.
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My God, the leftist Daily Mail forgot to capitalize the word 'black' in the third paragraph. Heads are gonna roll over that.