Daniel Penny, the former Marine seen on camera choking performer Jordan Neely to death on a New York City subway earlier this month, will be formally charged with 2nd-degree manslaughter Friday.
The Manhattan district attorney's office said it was charging Penny without first presenting his case to a grand jury.
Penny's attorneys have previously said their client was protecting himself and others, and there was no way Penny "could have foreseen" his bid to subdue the supposed perceived threat would turn deadly. His attorneys said he never intended to harm Neely.
What Is Manslaughter?
New York's penal code says an individual is guilty of manslaughter in the 2nd degree if he "recklessly causes the death of another person."
That differs from manslaughter in the 1st degree, where the penal code requires that the defendant first have the "intent to cause serious physical injury to another person" that ultimately leads to that person's death.
Get Tri-state area news delivered to your inbox. Sign up for NBC New York's News Headlines newsletter.
In other words - 1st-degree manslaughter requires that you were trying to hurt the person who died, whereas 2nd-degree manslaughter merely requires that you acted recklessly somehow and that led to another person's death.
Local
What Is the Difference Between Manslaughter and Murder?
New York's penal code defines 2nd-degree murder as causing the death of a person "with intent to cause the death of another person."
In other words - murder is when you intended to kill someone and you did kill them, as opposed to manslaughter, where you did not intend for anyone to die but someone did anyway.
Manslaughter Sentence in New York
The penal code categorizes 2nd-degree manslaughter as a Class C felony.
Under New York's sentencing laws, the maximum penalty for a Class C felony is 15 years in prison.
