“Jordan Neely died in a hospital”
So he was alive when the EMT’s attended him in the subway and then transported him to the hospital where while under the care of the hospital he died.
Was Daniel Penny at the hospital still restraining Neely? NO!
Did Daniel Penny ride in the ambulance still restraining Neely? NO!
How can Daniel Penny be charged with murder when he was nowhere near Neely when he died at the hospital.
If anybody has to be charged maybe little Alvin Bragg should look at the hospital staff.
The charge is not murder, but manslaughter in the second degree.