4:55 PM PT -- Daniel Penny's legal team, the law firm Raiser & Kenniff, tells TMZ ... "We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely."
Penny's attorneys continue ... "Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived."
They add ... "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."
The family of the NYC subway rider who was choked to death wants prosecutors to go after the marine vet who put Jordan Neely in a fatal chokehold ... and they wonder why he hasn't even been arrested yet.
Lennon Edwards, one of the attorneys representing Jordan's family, joined us Friday on "TMZ Live," and we asked what justice looks like for the Neelys.
Lennon says Jordan's family is outraged and feels like the justice system isn't working on their behalf -- he says it took too long for the medical examiner to rule Jordan's death a homicide, and now the family wants the marine, Daniel Penny, to face criminal charges.
Full video pic.twitter.com/ZR5Lggz9FB
— The Tank (@RickTheTank) May 4, 2023
Jordan's family is also taking issue with how some are framing the incident. The NYPD says Neely appeared to be having a mental health episode, with some witnesses telling cops Jordan's behavior made them fearful.
Lennon insists that feeling alone doesn't justify putting someone in a chokehold for 15 minutes ... arguing Penny, and not Neely, is who subway riders should have feared.
What's more, Lennon says Jordan clearly showed he was unarmed when he took off his jacket to reveal a short-sleeve shirt ... and he says Penny appears to have attacked from behind.
Bottom line: the Neely fam thinks Penny should be in an NYPD jail cell right now.
This honestly feels like a new low: not being able to clearly condemn a public murder because the victim was of a social status some would deem “too low” to care about.
— Alexandria Ocasio-Cortez (@AOC) May 3, 2023
The last sentence is especially rich from an admin trying to cut the very services that could have helped him. https://t.co/0DtXl9DOO5
Protests are erupting in the Big Apple and politicians are bickering over the way the incident is being discussed ... and Lennon says the marine's actions seem like they have less to do with Jordan specifically, and more to do with his general feelings toward homeless people.
Originally Published -- 1:46 PM PT