The former US Marine who held Jordan Neely in a fatal chokehold on a New York City subway earlier this month was formally charged with second-degree manslaughter during a brief appearance in criminal court.
Daniel Penny, 24, surrendered to New York authorities to face criminal charges on Friday morning and was arraigned in criminal court shortly after noon. His bail was set at $100,000.
Manhattan prosecutors confirmed the charges on Thursday.
Mr Penny was filmed wrapping his arm around Neely’s neck on the floor of a train car for several minutes on 1 May after witnesses said the 30-year-old homeless former street performer loudly complained about hunger and thirst. The city’s medical examiner ruled Neely’s death a homicide .
Attorneys for Mr Penny have insisted that he defended himself and “risked his own life and safety, for the good of his fellow passengers” by pinning Neely to the floor of the train.
The death of Neely, known to New Yorkers for his impersonations of Michael Jackson, has led to widespread criticism and protests demanding justice for his killing and support for mental health services for people experiencing homelessness.