Penny had multiple chances to get the Neely away from the situation, he didn't need to use a chokehold, he didn't need to step in. Trains stop fairly regularly, and people who regularly use the train who felt unsafe know they can always step out. Penny was a man out of his element and made every single wrong choice. He didn't make one mistake, he made many mistakes. Our society does suck that they don't do anything to help people like Neely (which helps every one) who have sever mental illness. Instead our society decides to help people who do what the worst people really want, just to eliminate anyone that causes us any discomfort. Penny decided to step into the situation, and when he did he took the responsibility of Neely's health as well. A strong courageous person would ensure that everyone, including Neely was safe. A coward takes the easy solution and kills the guy.