24-Year-Old Marine to Be Charged With Manslaughter in Jordan Neely Chokehold Death: DA

UPDATE: Ex-Marine Daniel Penny Arrested on Felony Manslaughter Charge in Jordan Neely Death

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The 24-year-old Marine veteran seen on video putting Jordan Neely in a chokehold on the floor of an F train in Manhattan 10 days ago, resulting in his death, is expected to be charged and surrender Friday, sources familiar with the matter tell News 4 New York.

The Manhattan district attorney's office told NBC New York that Daniel Penny will be arraigned on a charge of second-degree manslaughter. Penny is expected to turn himself in as early as Friday morning at a lower Manhattan precinct.

"We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow," a spokesperson for DA's office said.

NBC New York was told that the decision to charge Penny was made by the district attorney's office in consultation with the NYPD. An NYPD spokesperson did not return requests for comment.

Penny’s attorneys also have not commented on the imminent charges. They have previously said their client was protecting himself and others, and there was no way Penny "could have foreseen" his bid to subdue the supposed perceived threat would turn deadly. His attorneys said he never intended to harm Neely.

Neely's family has said that statement amounts to a confession and have been calling for criminal charges.

The charges will come more than a week after Neely's death on May 1, and amid mounting public pressure over accountability following the medical examiner's determination that the case was a homicide. It wasn't clear if Bragg's office intended to pursue charges against two other people seen restraining Neely in that video or if those people had yet been identified.

Witnesses had reported Neely, a homeless man with a lengthy criminal record and a history of mental illness, was aggressive toward other riders on a train at the Broadway-Lafayette station in SoHo. He had been shouting at passengers, witnesses said, yelling that he was hungry and didn't care if he died. The 30-year-old had been on a special city homeless watch list, considered a potential risk to himself and others.

Witnesses also said Neely hadn't physically attacked anyone before Penny moved to subdue him. Penny was questioned by the NYPD that day and released. Then came the autopsy findings.

Multiple protests have taken place in Manhattan since Neely's death, with dozens arrested. Protesters again ratcheted up the volume Thursday, even after learning of the charges said to be coming.

"We need people to be held accountable for their actions, however we don’t want this just to be about the need to incarcerate this man," said Jawanza James Williams, the organizing director for Vocal NY.

Still, some said it has taken too long for the charges to come.

"It’s ten days too late," said protester Tanesha Grant. "Yes it’s some step towards progress, but we’ve been waiting too long."

Earlier this week, Mayor Eric Adams, who had been accused by some of not weighing in substantially enough, formally addressed Neely's death in a public address on Wednesday.

The Democrat forcefully declared Neely "shouldn't have died" -- while carefully towing a line between acknowledging the loss, and the ensuing tensions, and appearing to ascribe any sort of responsibility.

"One of our own is dead," Adams said, empathizing with the emotional intensity coursing through the city over the case. "A Black man, Black like me -- a man named Jordan, the name I gave my son, a New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were to cry for help, a man named Jordan Neely."

Neely had multiple arrests for offenses including assault and disorderly conduct, among others. Adams said his death is yet another indication the mental health system needs an overhaul to better protect those who, like Neely, he says fall through the cracks and "disappear into the shadows."

On Thursday, Adams again sidestepped when asked his view of whether what happened aboard the subway train was criminal.

"It this case goes to trial, I don’t want to talk about changing venues, tainted with the police," Adams said.

While addressing Neely's death, the mayor said that "we need to make sure we prevent these things from happening. That is within my span of control."