The family of Jordan Neely is reportedly preparing to file a wrongful death lawsuit against the military veteran who held him in a fatal chokehold earlier this month.

On Saturday (May 27), it was revealed that Carolyn Neely, Jordan’s aunt and overseer of his estate, and her legal counsel have put Daniel Penny and his attorneys on notice. Carolyn is represented by Mills & Edwards, LLP. The Manhattan-based law firm specializes in personal injury, civil rights, criminal defense, and business defense. “Please be advised that this office has been retained…to pursue a claim for personal injuries and wrongful death… Your action resulted in the death of Jordan Neely,” read a letter from the firm that was obtained by the New York Post.

Penny, 24, claimed he acted in self-defense on May 1 after Jordan, 30, began to have an aggressive outburst on an NYC subway train. The known street performer was held in a chokehold for several minutes, resulting in his passing away. A medical examiner ruled his death a homicide. The former U.S. Marine has been charged with second-degree manslaughter.

Carolyn’s attorneys previously criticized the charge for being lenient. “The consequences of manslaughter is five to 15 years. Ask yourself, is that going to be enough?” asked attorney Donte Mills at a May 12 press conference. “When you’re trained in combat, it gives you options, but Daniel Penny chose to use a technique that is designed to cut off air, and he chose to continue to hold that chokehold until there was no life left in Jordan Neely. We believe that the conviction should be for murder because that’s intentional,” he added.

Last week, REVOLT reported on Penny’s first interview, where he addressed claims that he is a white supremacist. “I judge a person based on their character. I’m not a white supremacist,” he told the New York Post. The comments were made as outrage grew over a white man, Penny, choking a Black man, Jordan, to death. He continued, “I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened.”

Penny is currently out on a $100,000 bond. According to The New York Times, he plans to testify during his trial.