Daniel Penny, who was seen on video choking Jordan Neely, resulting in his death, is expected to be charged and surrender Friday.
The second-degree manslaughter charge comes ten days after the incident amid mounting pressure from the public.
Multiple protests have taken place in Manhattan since Neely’s death, with dozens arrested.
According to NBC New York, Penny’s attorneys have not commented on the imminent charges. They have previously said their client was protecting himself and others, and there was no way Penny “could have foreseen” his bid to subdue the supposed perceived threat would turn deadly. His attorneys said he never intended to harm Neely.
Jordan Neely, 30, died on a train at the Broadway-Lafayette station in Manhattan on May 1 after allegedly threatening passengers. Witnesses reported Neely had been shouting at passengers, yelling that he was hungry and didn’t care if he died.
What Is the Difference Between Manslaughter and Murder?
New York’s penal code defines 2nd-degree murder as causing the death of a person “with intent to cause the death of another person.”
Whereas manslaughter is when you did not intend for anyone to die but someone did anyway.
Neely’s family criticized Mayor Eric Adams for not demanding charges be filed against Penny. Adams, who had been accused by some of not weighing in substantially enough, addressed Neely’s death in a public address on Wednesday (May 10).
“One of our own is dead,” Adams said, with emotional intensity. “A Black man, Black like me — a man named Jordan, the name I gave my son, a New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were to cry for help, a man named Jordan Neely.”
The mayor expressed condolences to Neely’s family members, who have criticized his reaction. The democrat also shared he would be convening a summit with homeless services providers to improve the city’s handling of people in crisis.
A grand jury will still hear evidence against Penny, which will occur in the week following his arraignment. The maximum penalty for the charge is 15 years.