A spokesperson from the Manhattan District Attorney's Office says Daniel Penny, the Marine Corps veteran from West Islip seen in the Jordan Neely chokehold video, will be charged with manslaughter.

The full statement reads: "We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree. We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow."

Penny allegedly choked the homeless man on a New York City subway.

The person who took the video says Neely had been screaming at other passengers but had not attacked anyone.

In a statement to News 12, Penny's attorney says Neely was the one being unruly, adding that Penny, "risked his own life and safety for the good of fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely."