The death of Jordan Neely has sparked calls for justice in his untimely demise. Twenty-four-year-old Marine veteran Daniel Penny placed the street performer in a fatal chokehold on a New York City subway on May 1. Today (May 12), Penny was arrested and charged with manslaughter for his role in Penny’s death.

The office of Manhattan District Attorney Alvin Bragg shared a statement yesterday (May 11) declaring authorities’ intentions. “We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree,” a spokesperson said, according to ABC News. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

Penny turned himself in this morning and was arraigned on a felony manslaughter charge. He was released on bail just a few hours later after his parents guaranteed the $100,000 bond. Lennon Edwards, an attorney for Neely’s family, addressed the press after Penny’s arrest, speaking for the deceased man’s relatives.

“Is that enough for someone who choked somebody out on the train and took their life?” Edwards asked pointedly. He went on to describe how Penny “intentionally chose a technique to use that is designed to cut off air.”

“That’s a choice that he made and he did it intentionally. So we believe that the conviction should be for murder because that’s intentional,” he stated.

Legal officials haven’t specified why a manslaughter charge was warranted rather than murder. Bragg noted in a statement today that the investigation included interviews with witnesses, review of photo and video footage, and discussions with the medical examiner‘s office. He also shared his condolences with the Neely clan.

“After an evaluation of the available facts and evidence, the Manhattan DA’s office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges,” Bragg said, per NBC News. “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time.”