Manhattan DA Bragg to charge former Marine over fatal subway chokehold incident

Manhattan District Attorney Alvin Bragg will charge the former U.S. Marine who placed a subway transient in a fatal chokehold with second-degree manslaughter, his office confirmed on Thursday.

"We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree. We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow," a Bragg spokesperson told Politico.

Jordan Neely, a homeless man who sometimes impersonated Michael Jackson, was reportedly threatening passengers on a subway and throwing trash, CBS News reported.

Video footage shows at least two other subway passengers aiding Penny in restraining Neely. The medical examiner ruled the death a homicide.

Penny has claimed self defense and pointed to Neely's alleged history of mental illness.

"We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely," his attorneys wrote. "Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness."

"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," he continued. "For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways."

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.