The defendant, Daniel Penny, is expected to appear in Manhattan criminal court for arraignment on Friday.
Penny placed 30-year-old Jordan Neely in what appeared to be a chokehold during an altercation on the subway system on May 1. Penny’s lawyers claimed Neely was aggressively threatening others, and that the veteran acted to protect himself and fellow passengers.
Video footage from the scene showed Neely being held in a chokehold for several minutes as the pair were on the train floor.
A full picture of what unfolded before the fatal confrontation has yet to be fully given as witnesses have only just begun to file statements on the event.
It was both footage of the incident and the release of Penny from police custody that subsequently prompted protests.
The New York City Medical Examiner earlier ruled Neely’s death a homicide by compression of the neck.
New York Governor Kathy Hochul and New York City Mayor Eric Adams have pointed to the role that mental health may have played in the incident.