The May 1 incident, which eventually led to Neely's death, was captured on video by numerous bystanders. In the clips, two men can be seen assisting Penny; one tried to tie up Neely's arms, while the other put pressure on the homeless man's shoulder. It has not been revealed which of the two men was identified, and sources say he has not yet been contacted.
According to the Post, the sources were members of law enforcement and explained that investigators had been meticulously combing through footage in attempts to identify the two men.
Thus far only Penny has been identified. In the days following the incident, he turned himself in to police, and was subsequently charged with second-degree manslaughter after the city medical examiner determined that Neely died as a result of "compression of neck."
The case ignited a firestorm online and in the streets of New York, with some calling into question Penny's use of force, and others pointing out that Neely had been a longtime homeless criminal with mental health issues who had verbally threatened other passengers.
Witnesses of the incident have since come forth, referring to Penny as a "hero" for acting to protect his fellow riders.
Neely was heard shouting that he was "fed up and hungry" and "tired of having nothing."
"I don't care if I die. I don't care if I go to jail," he said. "I don't have any food … I'm done."
A GiveSendGo set up to pay for Penny's legal fees has raised over $2 million as his story continues to be spread across conservative media.
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