NYC subway chokehold: Daniel Penny to be arraigned in death of Jordan Neely

What to expect Wednesday

FOX 5 NY's Briella Tomassetti has the story.

NEW YORK CITY - Daniel Penny, the man accused of putting Jordan Neely in a deadly chokehold on an ‘F’ train last month, is set to face a judge Wednesday in Lower Manhattan.

Criminal charges against the 24-year-old former marine will be unsealed at his arraignment.

Penny was indicted by a grand jury in connection with Neely’s death back on June 14. He was initially arrested on a second-degree manslaughter charge.

How did Jordan Neely die?

According to the New York City Medical Examiner's Office, Neely died as a result of compression of his neck caused by the chokehold.

RELATED: Daniel Penny indicted by grand jury in Jordan Neely chokehold death
RELATED: Daniel Penny video message sent by defense: 'I knew I had to act'

Penny said he felt compelled to act after Neely, who had a history of mental illness and violent incidents, allegedly verbally threatened other riders.

"The three main threats that he repeated over and over was: ‘I'm going to kill you; I'm prepared to go to jail for life; and I'm willing to die," Penny said.

Penny approached Neely from behind, wrapped his arm around Neely's neck, and dragged him to the floor of the subway car, as other riders helped restrain Neely until he fell unconscious.

"I used this hold to restrain him and I did this by leaving my hand on top of his head to control his body," Penny said. "You can see in the (bystander) video, there's a clear rise and fall of his chest indicating that he was still breathing and I’m calibrating my grip based on the force that he's exerting. I was trying to keep him on the ground until the police came."

Cellphone footage of the incident went viral, showing Penny with his arm wrapped around Neely's neck. One passenger can be heard telling Penny, "You’re going to kill him."

Who was Jordan Neely?

Neely had earned money imitating Michael Jackson in the past, but was homeless at times.

Street performers who knew Neely described him as a kind and gifted impressionist who sank into a depression as a result of his mother’s 2007 death. According to news accounts at the time, Christie Neely was strangled.

Jordan Neely is pictured before going to see the Michael Jackson movie outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Neely, who was 14 when she died, testified against his mother’s boyfriend at the murder trial.

"He was a good kid. He just had a rough life," said Melyssa Votta a friend who attended high school with Neely at Washington Irving High.

Tari Tudesco, a backup dancer in the Michael Jackson tribute act "Michael’s Mirror," said many in the community had grown worried about Neely’s absence in recent years and had begun searching for him, unsuccessfully.

Daniel Penny indicted by grand jury

A grand jury in Manhattan has indicted Danie Penny in the death of Jordan Neely in a subway incident in May.

"We were in shock to find now that he was living homeless," she said. "We feel terrible."

Neely did have a criminal record with a history of 44 prior arrests – many of them subway related, including disorderly, conduct, assault, and fare evasion.