Daniel Penny, a 24-year-old US Marine Corps veteran, has been charged for using a chokehold to kill Jordan Neely, 30, on a northbound F train at the Broadway-Lafayette Street/Bleeker Street station in New York.
Manhattan prosecutors confirmed the criminal charges against Penny on May 11.
The incident occurred on May 1, and police reported that Neely was behaving erratically on the subway carriage before Penny used the chokehold.
Reports state that Neely was allegedly making threats and harassing passengers on the subway, leading to an intervention by Penny.
The altercation turned physical, with Penny using a chokehold on Neely for several minutes, causing him to lose consciousness.
Neely, who was also known for his talent as a Michael Jackson impersonator, was later pronounced dead at Lenox Hill Hospital.
Following a medical examiner's investigation, it was concluded that Neely died as a result of the compression on his neck, and his death was classified as a homicide.
Penny was initially questioned by the police after the incident, but he was released without charges.
However, ten days later, prosecutors announced that he would be arrested and charged with second-degree manslaughter, which carries a maximum sentence of 15 years in prison.
"We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow," the Manhattan district attorney's office stated.
According to Penny, his intention was not to kill Neely, but rather to restrain him until the police arrived, as reported to the authorities.
In a prior statement issued by his legal representatives, the ex-marine had asserted that his actions were in self-defense.
"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness."
"When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived."
"Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death," the statement continued.
"We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways."
Following Penny's statement, the family of Neely issued a response, criticizing the former marine and his lawyers.
In a statement issued by the attorneys representing Neely's family, namely Donte Mills and Lennon Edwards, they expressed their rebuttal:
"Daniel Penny's press release is not an apology nor an expression of regret.
"It is a character assassination and a clear example of why he believed he was entitled to take Jordan's life."
"The truth is he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing.
"He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."