Jordan Neely had a pulse after being put in a chokehold by Marine veteran Daniel Penny

NEW: Jordan Neely had a pulse after being put in a chokehold by Marine veteran Daniel Penny but NYPD declined mouth-to-mouth because they were afraid of getting hepatitis.

Neely was so dirty that officers didn't feel safe performing CPR.

Penny is charged with mansl*ughter and criminally negligent hom*cide after he defended Subway riders from Neely who was threatening to k*ll them.

An NYPD Sergeant said no one wanted to give mouth-to-mouth because they didn't want to get hepatitis and Neely was very dirty.

"He seemed to be a drug user... he was an apparent drug user. He was very dirty. I didn’t want them to get hepatitis."

"If he did wake up he would have been vomiting. I didn’t want my officers to do that."

"He was filthy. He looked like a homeless individual. You have to protect your officer."

"I wouldn’t want my officer to get sick if the person throws up."