Penny, a 24-year-old college student and Marine Corps. veteran, "was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely," the statement said.

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The statement, released by the law firm of Raiser and Kenniff, P.C., continued:

We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. 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. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.

For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.