Penny is suspected of killing a homeless man by putting him in a chokehold on the New York subway

The former U.S. Marine suspected of killing a homeless man by putting him in a chokehold on the New York subway will be arrested and charged with manslaughter.

A viral video shows former Marine, Daniel Penny, putting 30-year-old Jordan Neely in a chokehold on May 1 while they rode on the F train in Manhattan.

Neely died from a compression of the neck, but Penny’s lawyers say he did not mean to kill him.

Neely was known to impersonate Michael Jackson in the subway system.

He was reportedly complaining loudly about being hungry and saying he was ready to die when Penny came up behind him and gripped him around the neck.

Penny restrained him on the floor of the subway car until he appeared to stop moving.

Neely was later declared dead.

The death has renewed debate about crime in the New York subway and what to do with a growing number of homeless people in the city.