"Daniel Penny did not have the courage to look Mr. Jordan's father in the eye," attorney Dante Mills said. Penny is free on $100,000 bail. His next court appearance is set for Oct. 25.

Penny was recorded holding Neely, a 30-year-old homeless man, in a minutes-long chokehold on an F train on May 1. Witnesses said Neely had been threatening riders.

Penny, in pre-taped statement sent to Eyewitness News, detailed fear from fellow passengers before he jumped in. Penny was recorded holding Neely, a 30-year-old homeless man, in a minutes-long ...