This is only because I'm not quick to believe a 24-year-old Marine Corps veteran accidently chocked someone to death.
You forgot to mention "white".
Honestly, if Penny isn't a violent person I could totally understand why he restrained Neely so badly that Neely died. He didn't know what he was doing, or how best to accomplish stopping Neely's attack on the rest of the subway passengers.
If Neely had a family who cared, this wouldn't have happened. If the judicial system had kept Neely off the streets, this wouldn't have happened. If mental health professionals had intervened, this wouldn't have happened. If Neely could get along with social service agencies who would feed and house him, this wouldn't have happened.
Blaming Penny because he didn't know how to deal effectively with a violent psycho on the subway is ridiculous. It's completely nonsense. Penny had 2 minutes to figure out how to deal with a problem that was decades in the making.
Tom