Daniel Penny wore a mask, which concealed the expression on his face as the charge was read. He did not speak in court but his attorney called him a "pillar of the community."
The Marine veteran who choked a homeless man to death on the subway is in handcuffs.
Daniel Penny appeared in court on Friday where he was charged with manslaughter.
The 24-year-old wore a mask, which concealed the expression on his face as the charge was read.
He did not speak in court but his attorney called him a "pillar of the community."
Bail was set at $100,000 and he was ordered to remain in the state of New York.
The charge is not sitting well however with the family of Jordan Neely, the 30-year-old man whom Penny choked to death on a New York City subway.
Penny restrained Neely, a Michael Jackson impersonator who witnesses say was acting erratically, using a chokehold that proved to be fatal.
Donte Mills, the family's attorney, said Penny should have been charged with murder.
"Jordan Neely entered that train, he hit the train wall when he came in, he stood in the middle of the train car and said he was hungry," Mills said. "He needed food and he wasn't going to take no for an answer. 'I don't care if I die. I don't care if I go to jail. I'm just done. I'm tired. I'm hungry.'"
Mills continued: "He took his jacket off and threw it to the ground. Daniel Penny came from behind him and choked him to death."
The incident is touching a nerve given that subway systems across the country are magnets for the homeless population.
Inside Edition asked Mills on Friday what he would say to civilians who may be afraid to step in should they witness a similar situation.
"It should not be on the civilians to have to figure out how to protect themselves," Mills said. "That duty rests with the transit authority and the MTA."
Penny's lawyer meanwhile says that his client was trying to protect himself when he put Neely in a chokehold.
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