Daniel Penny was originally arrested on manslaughter charges in the subway chokehold death Jordan Neely.
The Marine veteran charged with choking a homeless man to death on a Manhattan subway will be arraigned Wednesday.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.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."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.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.
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