NEW YORK (PIX11) — One week after the chokehold death of 30-year-old Jordan Neely, his family released a statement Monday saying they believe Daniel Penny “needs to be in prison.”

The statement was released on behalf of the Neely family by their attorneys with Mills & Edwards LLP. 

Neely’s relatives also launched an online fundraiser to help pay for his funeral next week at Mt. Neboh Baptist Church in Harlem.

Senior Pastor Dr. Johnnie Green knows the Neely family well.

“I eulogized his mother who was tragically murdered and so here I am a few years later and now I’m geared with having to guide this family through this crisis situation,” Green told PIX11 News.

A Manhattan grand jury will hear evidence in the death of Neely and decide whether to indict Penny, a 24-year-old Marine veteran. Neely was homeless and in the midst of a mental health crisis when Penny placed Neely in a chokehold onboard a subway train in Manhattan on May 1. 

Neely’s death was ruled a homicide. Hr died from compression of the neck during the chokehold, according to the city medical examiner.

Penny’s attorneys said last week he was acting in defense of himself and fellow subway riders

“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely,” his lawyers said in a statement.