NEW YORK (PIX11) — It’s been more than a week since 24-year-old former U.S. marine Daniel Penny walked up behind an agitated Jordan Neely on the subway and put him in a fatal chokehold.

The NYPD questioned and released Penny following the deadly incident at the Broadway-Lafayette subway station on May 1. On Tuesday, Manhattan District Attorney Alvin Bragg, who has since taken up the investigation into whether Penny should be prosecuted, spoke about the case.

“Sometimes people peer into the silence, and look at that as if, the office isn’t doing anything, or it’s not important. it’s quite the contrary,” Bragg said.

Bragg’s office has not said what — if any — criminal charges they are considering.

Penny is accused of holding Neely in a chokehold on board an F train for at least several minutes, according to video of the incident. One witness claimed Neely was restrained for 15 minutes. At least one witness on board the train also warned Penny about the potential consequences.

“You gonna catch a murder charge,” one person said in the video. “You gotta let him go. My wife is ex-military. You gonna kill him now, I’m tellin’ you.”

Penny’s attorneys described Neely as someone with a documented history of mental illness who aggressively threatened Penny and another passenger. They also said Penny never intended to harm Neely.

Speaking to NewsNation’s Dan Abrams, the Neely family’s attorney, Donte Mills said, “He knew, or should have known, that choking him for 15 minutes would kill him.”

The case has triggered a series of escalating demonstrations, culminating with Monday night’s initially peaceful vigil, which ended with almost a dozen violent arrests in the middle of Houston Street.

NYPD Chief John Chell spoke Tuesday about the department’s attempts to address what he described as outside agitators who are suspected of inciting violence and bringing a Molotov cocktail to the vigil.

“We won’t accept unlawful behavior around that protest. What we won’t accept is troublemakers that come into the peaceful protest, and disrupt the whole dynamic of what happened last night,” he said.