Attorneys representing Daniel Penny, the college student who placed New York City street performer Jordan Neely in a lethal chokehold, have released a statement addressing the incident that has spurred outrage across the country.

Neely, 30, passed away on Monday (May 1) after being restrained by the 24-year-old U.S. Marine veteran on a subway train. On Friday (May 5), attorneys Steven M. Raiser and Thomas A. Kenniff publicly acknowledged the death captured on video by onlookers.

Their statement began, “We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,” before attempting to explain Penny’s actions as self-defense. They continued, “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.”

Witnesses told ABC 7 that Neely had been acting out on the subway train but initially had not threatened or exhibited violent behavior toward passengers. At some point, however, he and Penny became involved in a heated exchange of words. NYPD detectives are still investigating the ordeal and hoping to speak with additional MTA riders who were present.

In closing, Penny’s attorneys wrote, “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.” Mills & Edwards LLP, a law firm representing Neely’s family, confirmed to NBC News that he had a long history with mental health struggles “which began at age 14 when he experienced the brutal murder of his mother.”

On Wednesday (May 3), a medical examiner ruled the Michael Jackson impersonator’s death a homicide. It was noted that he ultimately died from compression to his neck as Penny held him in a chokehold for several minutes. A grand jury is expected to review the case. At that time, it will be determined if Penny will face charges in connection with the horrific incident.