The 24-year-old subway rider who was seen in a video putting a homeless man in a fatal chokehold on a New York City train is expected to be charged in the incident as soon as Friday, according to two sources familiar with the matter.

Daniel J. Penny, a Marine veteran, was taken into custody after the May 1 incident but was released. It is not clear what charges he will face. …

Juan Alberto Vazquez, who was on the subway, told NBC New York that Neely was being aggressive before he was restrained.

“The man got on the subway car and began to say a somewhat aggressive speech, saying he was hungry, he was thirsty, that he didn’t care about anything, he didn’t care about going to jail, he didn’t care that he gets a big life sentence,” Vazquez told the station in Spanish. “That it doesn’t even matter if I died.'”

[They’re going to charge the Marine veteran over the death of a man who’d been arrested dozens of times, several of which involved violent crimes, and reject his explanation of self-defense? I’d like to think that prosecutors won’t be able to find a jury of subway-riding citizens to convict him, but … — Ed]