Protesters gathered in New York City on Wednesday, May 3, days after a man was killed on the city’s subway when he was restrained by passengers and locked into a chokehold. Authorities say at least three people tackled Jordan Neely, who had been shouting at people on the train.

Witnesses described Neely as acting in a “hostile and erratic manner,” police said. Other reports indicate Neely had been throwing garbage at passengers. However, it is unclear exactly how the sequence of events played out.

Among those who restrained Neely was a U.S. Marine veteran who could be seen on video with his arm tightly around Neely’s neck.

Medical examiners later ruled Neely’s death as a homicide.

30-year-old Neely, who is reportedly homeless, is recognizable to some New Yorkers as a Michael Jackson impersonator who regularly danced in the Times Square transit hub, according to The Associated Press.

NYPD detectives and Manhattan prosecutors are conferring whether to criminally charge the 24-year-old former Marine who had Neely in a chokehold.

He was taken into custody following the incident but was released without charges.

Some have sided with the veteran, pointing to Neely’s documented criminal record. According to the NYPD, Neely had 42 prior arrests dating between 2013 and 2021, and at the time of his death, he had one active warrant for assault in connection with a 2021 incident.

However, advocates have said Neely’s record does not justify what happened.

One witness told police Neely was yelling about being hungry and thirsty, saying he was “ready to die,” per the Washington Post.

In a statement, Mayor Eric Adams said, “any loss of life is tragic,” but added, “there’s a lot we don’t know about what happened.”

New York Rep. Alexandria Ocasio-Cortez responded by saying that the mayor’s statement fails to condemn what she describes as a “public murder.”

“This honestly feels like a new low,” Rep. Ocasio-Cortez said.

The Manhattan District Attorney’s Office says the investigation into Neely’s death is ongoing.