Marine veteran Daniel Penny's attorneys are confident their client will be cleared of any charges for the 'unforeseen and unintended' death of Jordan Neely after reports officials will charge him with manslaughter Friday.
The city's progressive Democrat District Attorney Alvin Bragg is set to charge Penny with second-degree manslaughter over the subway chokehold of homeless man Jordan Neely.
Penny's lawyer Steve Raiser of Raiser & Kenniff was confident that his client will prevail in a statement to DailyMail.com
'When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured,' he said.
'He risked his own life and safety, for the good of his fellow passengers.
'The unfortunate result was the unintended and unforeseen death of Mr. Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing.'
Penny, 24, is expected to surrender himself to a police station after District Attorney Alvin Bragg's office confirmed this evening he will be charged and arraigned in Manhattan Criminal Court Friday.
The four-year Marine vet restrained Neely after he menaced terrified train passengers telling them he was ready to die at the Broadway-Lafayette Street station on May 1.
It is unclear whether any of the passengers who helped Penny subdue the homeless schizophrenic are facing sanction.
It comes after furious protesters demanded justice for Neely who has a history of vicious attacks on subway passengers including a 67-year-old woman he left with a broken nose.