UPDATE: Manhattan DA Alvin Bragg's office has stated that Daniel Penny will be charged with manslaughter.
According to CNN, Penny is expected to turn himself in on Friday morning.
Daniel Penny, the Marine veteran who choked Jordan Neely to death in a New York subway train, will face criminal charges as early as tomorrow.
Two sources familiar with the matter told NBC News New York that Penny will be charged and surrender “as early as Friday.” The decision to charge Penny was made by the Manhattan District Attorney’s Office and will go forward without being presented to a grand jury.
Penny’s lawyers have said that it was not possible for Penny to “have foreseen” that his efforts to subdue Neely would cost him his life.
A fundraiser was launched earlier this week to support the legal defense of Penny, following the incident that took place on May 1.
Jordan Neely was a 30-year-old homeless man, a repeat offender with over 40 prior arrests and severe mental illness issues. Neely died on May 1 after Penny, 24, had placed him into a chokehold after Neely had reportedly started behaving erratically and showing aggression towards other passengers.
Footage from the day showed Penny placing Neely in a "recovery position" in an attempt to make sure he was okay.
This is a breaking news story and will be updated.
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