US marine Daniel Penny to be charged over death of Jordan Neely
New York prosecutors will charge a US marine over the death of a homeless man who died after being held in a chokehold by a fellow passenger on a city train.
The death of Jordan Neely - a 30-year-old man who often performed Michael Jackson songs in the subway - earlier this month sparked outrage when footage emerged of him being restrained after he entered the carriage and began shouting that he was so thirsty and hungry that he would rather be dead.
New York City's medical examiner said that Mr Neely was killed by "compression" of the neck, and ruled the death a homicide.
Daniel Penny will be arrested and charged, Manhattan District Attorney Alvin Bragg confirmed. Sources familiar with the case told CNN Mr Penny would surrender on Friday.
Authorities said Thursday night they would allege the death was second-degree manslaughter rather than murder.
A person is guilty of manslaughter in the second degree if they are found to have recklessly caused the death of another person.
Witnesses had reported Mr Penny, 24, had restrained Mr Neely who they said was acting erratically on the train.
Representing Mr Penny, the law firm of Raiser and Kenniff, PC said in a statement to US media that their client was a "decorated" veteran who "stepped in to protect himself and his fellow New Yorkers".
"He risked his own life and safety, for the good of his fellow passengers," the statement read. "The unfortunate result was the unintended and unforeseen death of Mr Neely."
The incident touches on two burning issues in America's financial capital - the many homeless people suffering mental illness and residents' fears for their safety on the underground.
It also had a racial element - Mr Neely was Black and Mr Penny is white.
Family and friends told local media that Mr Neely had a history of mental illness, like many living on the streets in the city of almost nine million residents.
Reports said Mr Neely had been arrested dozens of times and that his mother had been murdered when he was a teenager.
New York Mayor Eric Adams called for mental health care reform in the wake of what he called a "tragedy that never should have happened".
