Marine veteran who choked New York subway passenger to death surrenders to authorities

The U.S. Marine veteran who choked a homeless man to death on the New York City subway surrendered to authorities on Friday morning, police said.

Daniel Penny, 24, surrendered to police at the the 5th Precinct in Manhattan at around 8 a.m., Lt. Thomas Antonetti, a spokesperson for the New York Police Department, said.

According to a statement from the Manhattan District Attorney’s office Thursday, Penny is being arrested on suspicion of second-degree manslaughter in the May 1 death of Jordan Neely. A person is guilty of manslaughter in the second degree when that person recklessly causes the death of another person.

Police did not confirm the charges because the arrest report is pending.

“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place [Friday],” said the statement provided by district attorney spokesman Douglas Cohen.

The fatal encounter unfolded when Neely boarded an F train headed uptown. Witnesses described Neely as acting screaming but did not say he attacked anyone. One man, Juan Alberto Vázquez, captured part of the incident on video.

In the video, Penny is seen with his arms wrapped around Neely’s neck as the pair lie on the floor of the F train car. At several points, Neely kicks his legs and tries to free his arms, which a third passenger is pinning down.

After about two minutes, Neely’s body appears to go limp. The other two continue to hold him down for nearly a minute before letting go. Someone can be heard advising them to position Neely on his side in case he chokes.

Penny was questioned by police the day of the fatal struggle but was released without being charged. The city’s medical examiner later ruled the death a homicide.

In a public post on his Facebook page, Vázquez wrote in Spanish that he was on the subway heading to Yonkers when Neely got on.

“I don’t have food, I don’t have anything to drink, I’m fed up,” the man yelled, according to Vázquez, who said the man continued to shout: “I don’t mind going to jail and getting life in prison” and “I’m ready to die.”

Neely had been homeless at times, according to people who knew him, and had earned money imitating Michael Jackson as a street performer.

This is a developing story.