New York, New York - Daniel Penny, the man who choked fellow rider Jordan Neely to death while on a Manhattan subway, has turned himself in to police to face charges.

Penny (24), a former US marine, surrendered to law enforcement on Friday morning and was taken to the 5th Precinct in Lower Manhattan, where he will face a second degree manslaughter charge, according to the BBC.

Thomas Kenniff, Penny's attorney, said "he did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation."

On May 1, Neely (30), a homeless street performer and Michael Jackson impersonator, was said to be "acting erratically" as he shouted at passengers aboard a subway, asking for food and money.

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Penny proceeded to put him in a chokehold and hold him down together with other passengers, although Neely was not being violent, for nearly three minutes.

Neely was later taken to a hospital where he was pronounced dead. Medical examiners ruled the death a homicide resulting from compression of the neck.

Penny was released after the incident without being charged, sparking dozens of protests and activists in New York demanding "Justice for Jordan Neely."

The District Attorney's office have since conducted an investigation, interviewing witnesses and reviewing video taken of the incident.

Penny's attorneys have argued their client "never intended to harm Mr Neely and could not have foreseen his untimely death."

Neely's family, on the other hand, believes Penny belongs in prison, stating, "The family wants you to know that Jordan matters."