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church. >> jordan sat right there. and watched his mother funeral lives. and he has never been the same. >> rep>> reporter: between cousn says after his mother's death, he battled mental illness and homelessness. >> i don't think it makes sense that someone can get killed over asking for something to drink. >> reporter: following days of protest, penny was charge a second-degree manslaughter and released on bond. speed 21's family now calling for justice. >> i don't understand why this man was able to walk away the night he slept so good while my family cried for days because he didn't deserve it. >> reporter: daniel penny is due back in court in july. he has not entered a plea. in the wake of neely's jet know my death, j.b., new york city's mayor also announced new funding and resources to help those suffering mental health issues. >> james: in new york city, shanelle kaul, thank you so very much. well, this afternoon, a federal judge ruled that the