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The Manhattan District Attorney's Office is filing criminal charges against the man accused of choking a homeless person to death on the subway.
"We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree," a spokesperson for Manhattan District Attorney Alvin Bragg said.
Penny is accused of placing Jordan Neely in a chokehold while riding on a subway train on May 1. Witnesses said that Neely, who was homeless, was screaming loudly and threw his jacket on the ground before Penny, a Marine veteran, came up behind him and restrained Neely.
"The man got on the subway car and began to say a somewhat aggressive speech, saying he was hungry, he was thirsty, that he didn't care about anything, he didn't care about going to jail, he didn't care that he gets a big life sentence," said Juan Alberto Vazquez, a passenger who recorded part of the incident. "That 'It doesn't even matter if I died.'"
Penny is expected to surrender to the police on Friday (May 12), but his attorneys have not released a statement regarding the pending charges. They have previously defended their client, claiming that he was trying to protect himself and the other passengers by detaining Neely until the police arrived.