Daniel Penny expected to be charged in Jordan Neely subway chokehold death

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The man who was filmed with his arm wrapped around the neck of Jordan Neely on a Manhattan subway traincar is reportedly expected to face criminal charges for his death and surrender to authorities as early as 12 May.

It is unclear what the charges against Daniel Penny, a 24-year-old former US Marine, will entail. The charges likely will not be publicly detailed until a court appearance.

On 1 May, a man identified as Mr Penny wrapped his arm around the neck of the 30-year-old homeless former street performer for several minutes. The city’s medical examiner determined Neely’s cause of death was homicide.

Potential charges were first reported by ABC News and NBC News citing law enforcement sources. A spokesperson for the New York City Police Department told The Independent the matter continues to be under investigation. Mr Penny’s attorneys and a spokesperson for the district attorney’s office did not immediately return a request for comment.

Neely – who was experiencing a mental health crisis in the days leading up to his death – was known among social work teams involved in outreach to New York’s homeless community. He had numerous interactions with law enforcement and health responders over the years.

When he walked into a subway car on 1 May, Neely complained of hunger and thirst, according to witnesses and journalist Juan Alberto Vazquez, who posted a video of part of the incident on his Facebook page.

Mr Vazquez said Neely threw his jacket to the floor of the train car before another passenger grabbed him from behind in a headlock. Others grabbed at his arms. The widely shared video footage shows Mr Penny and two other men holding Neely to the floor of a train car for several minutes, while Mr Penny grabs Neely in a chokehold.

A statement from attorneys for Mr Penny on 5 May said Mr Penny “was involved in a tragic incident … which ended in the death of Jordan Neely.”

“When Mr Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr Neely and could not have foreseen his untimely death,” according to the statement.

This is a developing story