It wasn’t immediately clear what charges Penny, 24, faces or when exactly he would turn himself in.
The Manhattan District Attorney’s Office had been investigating the May 1 encounter that left Neely, a 30-year-old homeless man with a long history of mental illness, unconscious on the floor of an F train.
Daniel Penny is expected to surrender in the case.His attorneys have said he didn’t intend to kill Neely when he put him in the chokehold. The lawyers didn’t immediately return a call and email for comment.
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