NYC subway chokehold suspect faces charge of second-degree manslaughter

NEW YORK CITY (NBC) – Daniel Penny, a Marine veteran, who was seen in a video putting a homeless man in a fatal chokehold on a New York City train, was charged with manslaughter Friday, nearly two weeks after the encounter.

The death of Jordan Neely, a subway busker who performed dance routines in costume as Michael Jackson, sparked protests in New York while others embraced Penny as a vigilante hero.

Penny was freed from custody after a brief arraignment and his bond was set for $100,000.

He did not enter a plea. Prosecutors said they are seeking a grand jury indictment.

A judge ordered him to surrender his passport and not to leave New York without approval.

Lawyers for Penny have previously said he stepped in to protect himself and others and that Neely was “aggressively threatening” passengers and Penny never intended to harm him.

Cellphone video captured on a northbound f train showed Penny on the ground holding Neely in a chokehold after an altercation.

Neely was unconscious when officers arrived at the Broadway and East Houston Street station.

He was pronounced dead at the hospital, police said.

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