Neely, who is Black, was reportedly shouting and begging for money on the train, but did not fight with anyone.
NEW YORK — A man who held a chokehold on the neck of an agitated New York City subway rider, leading to the death of another rider, is expected to surrender to authorities Friday on a manslaughter charge that could send him to prison for up to 15 years .
Manhattan prosecutors announced They will file criminal charges Thursday against Daniel Penny, 24, a U.S. Marine Corps veteran, in the May 1 death of Jordan Neely, 30.
Neely’s death, captured on video by a freelance journalist, has sparked an uproar over many issues, including how the transportation system and the city treat people with mental illness, as well as crime and vigilantism.
Attorneys for Penny did not respond to a request for comment after the prosecutor’s statement. They previously said Penny acted in self-defense.
Neely, who is Black, was yelling and begging for money on the train, but didn’t fight with anyone, according to an onlooker.
Penny, who is white, was questioned by police afterward but was released without charge.
Neely’s friends said the former subway performer had dealt with homelessness and mental illness in recent years. He had several arrests to his name, including in 2021 an attack on a 67-year-old woman who was leaving a subway station.
A charge of second-degree manslaughter in New York would require a jury to find that a person engaged in reckless conduct that created an unreasonable risk of death and then knowingly disregarded that risk.
The law also requires that the conduct be a gross departure from how a reasonable person would act in a similar situation.
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