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Marine veteran appears at arraignment, free on bond

A U.S. Marine veteran who put a homeless man in a chokehold that killed him was charged with manslaughter on Friday.

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Jordan Neely, 30, died on May 1 after witnesses said Daniel Penny, 24, put him in a chokehold on a New York City subway.

Update 12:31 p.m. EDT May 12: Daniel Penny appeared in court, officially charged with manslaughter. He did not enter a plea and was freed from custody on Friday, The Associated Press reported.

During his arraignment, Penny, who is now out on bond, was ordered to surrender his passport and not to leave New York without permission.

— Natalie Dreier, Cox Media Group National Content Desk

Update 8:15 a.m. EDT May 12: Daniel Penny has turned himself in to police to face charges of second-degree manslaughter, CNN reported.

Penny faces up to 15 years in prison if convicted of manslaughter, The Associated Press reported.

The man’s lawyers said their client had acted in self-defense. An eyewitness said Jordan Neely had been screaming and asking for money on the subway train but did not get physical with anyone before Penny put the man into a chokehold.

Penny had been questioned but released after the May 1 incident, the AP reported.

— Natalie Dreier, Cox Media Group National Content Desk

Original report: “We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree. We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” Manhattan District Attorney Alvin Bragg said in a statement Thursday.

Penny, 24, put Jordan Neely, 30 in a chokehold while on a New York City subway on May 1, after Neely allegedly threatened Penny and other passengers, witnesses told police.

There has been no indication that Neely physically attacked anyone, The New York Times reported.

Video of the incident sparked outrage and led to protests demanding that Penny be charged in Neely’s death. The city’s medical examiner ruled the incident a homicide on May 3, saying Neely died from compression of the neck.

Penny has expressed “condolences to those close to Mr. Neely,” Reuters reported.

Neely was known to impersonate singer Michael Jackson on New York’s trains and in subway stations.