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Video After The Jump

NEW YORK, May 11 (Reuters) - A former U.S. Marine who killed a homeless man by putting him in a chokehold on the New York City subway will be arrested on Friday & arraigned on a charge of manslaughter.

A viral video showed the former Marine, identified as Daniel Penny, putting 30-year-old Jordan Neely in a chokehold on May 1 while they rode on the F train in Manhattan. Neely died from a compression of the neck, the medical examiner said, but Penny's lawyers said he did not mean to kill him.

According to witnesses, Neely, who was known to impersonate Michael Jackson in the subway system, was complaining loudly about being hungry & saying he was ready to die when Penny came up behind him & gripped him around the neck for more than 3 minutes. Penny restrained him on the floor of the subway car until he appeared to stop moving. Neely was later declared dead.

"We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree," Manhattan District Attorney Alvin Bragg said.

A bystander's video of Neely's death garnered national attention & revived a debate among New Yorkers about crime in the subway & what to do with a growing number of homeless people in the city.

The killing, and a delay by prosecutors in charging Penny, sparked protests, with some saying the incident amounted to a "lynching" and an example of "white vigilantism" against people of color. Neely was Black  & Penny is white.

In a statement from his legal team, Penny expressed "condolences to those close to Mr. Neely." The statement alleged that Neely had aggressively threatened passengers riding in the subway car.

An attorney for Neely's family said in a statement on Monday that Penny's actions on the train & his words show that "he needs to be in prison."

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