City officials gathered at the National Action Network in Harlem Saturday to call justice for the homeless man who was fatally choked to death on the subway.

“A mental issue on a train is not to be sentenced with death,” said Reverend Al Sharpton about the killing of 30-year-old Jordan Neely.

“Everybody rides the subway knows you got people on the subway that do things that disturb you,” he continued. “You don’t choke them to death and you’re not going to choke this young man to death. And let us not stand up and raise our voice.”

Neely died Monday after an encounter on the subway.

He was on an F train at the Broadway-Lafayette station, when witnesses say he began yelling that he had no food, no water and that he didn’t mind going to jail.

Neely then threw his jacket to the ground. That’s when 24-year-old Daniel Penny, a former Marine, is said to have put Neely in a chokehold that was caught on camera.

City medical examiners determined his death was a homicide by compression of the neck.  

“That the subway choker and the two folks helping him all be brought in front of the grand jury,” said Rev. Sharpton.

Penny was questioned by police but was eventually released, sparking protests.

Rev. Sharpton calls the incident vigilantism and that more than 1 person should face consequences. He believes no charges will send the wrong message.

“It will set a standard of vigilantism that we cannot tolerate. The precedent alone is a threat to all of us,” he added.

Present at the rally Saturday was the city’s Public Advocate Jumaane Williams.

“I’m so happy that the Reverend Sharpton and NAN are standing up to humanize this man and say, ‘You deserve to have dignity in life that you did not get. We will make sure that you get it in death,’” said Public Advocate Jumaane Williams.

Attorneys at Raiser and Kenniff of Manhattan, who are representing Penny, said in a statement: “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.”

On Saturday, Rev. Sharpton questioned the decision by authorities to not charge Penny.

“I have to wonder if I choked somebody on the train,” he said. “Would I be allowed to go into prison and give my story here at home?”