Daniel Penny Pleads Not Guilty In Jordan Neely's Chokehold Death

NEW YORK CITY — The former Marine who used a fatal chokehold on Jordan Neely has been freed from official custody once again.

Daniel Penny, 24, was released on bond Friday after his arraignment on a second-degree manslaughter charge in Manhattan Criminal Court.

The Long Island man, of West Islip, pleaded not guilty.

Prosecutors said they'll seek a grand jury indictment — a move experts say could open Penny up to additional charges, including murder.

Penny didn't respond to questions outside the courtroom, but earlier in the day his attorneys told reporters he "risked his own life and safety" when he grabbed Neely — who was reportedly actng erratically — on a Manhattan F train on May 1.

"The unfortunate result was the unintended and unforeseen death of Mr. Neely," the statement reads.

NYPD officers took Penny in to custody after Neely's death but released him without charges — a decision that the city's police watchdog is investigating, according to the New York Post.

Attorneys for Neely's family argued that Penny, as a trained Marine, had options for how acted on the subway train other than cutting off Neely's air, the Post reported.

“We believe that the conviction should be for murder because that’s intentional,” the attorney, Donte Mills, said, according to the Post.

Penny is due back in court July 17.

The Associated Press contributed to this report.