Trump prosecutor charges ex-Marine in NYC subway chokehold incident

A former U.S. Marine who killed a man in the New York subway after putting him in a chokehold will be charged on Friday with second-degree manslaughter, authorities said. 

"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. "We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow."

Bragg is the same prosecutor who has filed felony charges against former President Donald Trump in a case involving the tycoon's corporate business records. 

On May 1, Daniel J. Penny, 24 was traveling onboard a northbound F train when a 30-year-old man, identified as Jordan Neely, started behaving erratically and “threatening passengers.” Penny tried to quell the situation by placing the man in a headlock. By the time police arrived at the scene, Neely was unconscious. He passed away on his way to the hospital, authorities said. 

Penny was taken into custody for questioning after the incident but was released without being charged. 

The city’s medical examiner determined that Neely died of “compression of neck (chokehold)” and that it was a homicide. 

"The unfortunate result was the unintended and unforeseen death of Mr. Neely," said Steven Raiser, Penny’s lawyer, adding that Penny did not mean to kill him. "We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."

 Neely’s family has rejected Penny’s account of the incident. 

“It is a character assassination and a clear example of why he believed he was entitled to take Jordan‘s life,” said the family's attorneys, Donte Mills and Lennon Edwards.

At the time of his death, Neely was homeless and had mental disorders. He was a Michael Jackson impersonator who had been arrested more than 42 times on charges including theft, assault, and fare evasion. 

The death and the fact that Penny was not immediately charged sparked criticism and protests. Demonstrators are asking officials to dedicate more resources to mental health care and homelessness.