MANHATTAN, New York (WABC) — The Marine veteran charged with choking a homeless man to death on a Manhattan subway will be arraigned Wednesday.
The charges against Daniel Penny will be unsealed in criminal court.
The former Marine was recorded on cellphone video holding Neely in a chokehold on an F-Train for several minutes on May 1.
Penny, 24, was initially arrested on manslaughter charges, but a grand jury decided there was enough evidence to show he may have gone too far.
Some activists, including Reverend Al Sharpton, say those charges are not enough. He says prosecutors should have sought a murder charge.
Penny was indicted by a grand jury in connection with Jordan Neely’s death on June 14.
Neely’s death was ruled a homicide by a medical examiner.
Law enforcement sources tell Eyewitness News he was charged with second degree manslaughter and criminally negligent homicide for the subway chokehold death.
Penny’s attorneys argue he was trying to defend himself and passengers when Neely allegedly started acting erratically on an F train last month.
A video was released of Penny defending his actions.
“Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him. You can see in the video there is a clear rise and fall of his chest, indicating that he is breathing. I’m trying to restrain him from him trying to carry out the threats,” Penny said in the video.
Mass demonstrations erupted across the city after video of the subway chokehold was posted online.
Last week, the Manhattan District Attorney declined to prosecute those charged with misdemeanors from the protests. The other men in the subway chokehold video, who are restraining Neely with Penny, have not been charged.
Only Penny, who administered the deadly chokehold, is facing consequences. His arraignment is set for 10 a.m. Wednesday.
ALSO READ | Subway chokehold: Friend of Jordan Neely speaks out
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