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Daniel Penny, Marine in subway chokehold to face manslaughter charge

Manhattan prosecutors say they will bring criminal charges against a man who used a deadly chokehold on an unruly passenger aboard a New York City subway train. Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and face a charge of second degree manslaughter.

NEW YORK – Daniel Penny, the Marine veteran at the center of Jordan Neely's choking death aboard a subway train last week, is expected to turn himself in to police as soon as Friday to face criminal charges over the incident.

Neely, who was homeless, died on May 1 after Penny allegedly held him in a chokehold for several minutes.

According to witnesses, Neely was yelling at and harassing passengers on the train before he was subdued by Neely and others, and ultimately died.

The Medical Examiner's office ruled Neely's death a homicide. 

Penny, 24, will face a charge of second degree manslaughter, which could carry a jail term of up to 15 years.

"We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow," the Manhattan district attorney's office said in a statement.

"Second degree manslaughter means that they're charging him with having recklessly caused the death. Recklessly means that he was operating with a substantial and justifiable risk of causing death to another person," explained Andrew Cherkasky, a former federal prosecutor.

"I think that some people are going to be upset about this that it wasn’t more serious. I think others wish they saw no charges at all," he added.

Steven Raiser, the attorney representing Penny shared a statement saying in part:

"We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."

Related article NYC subway chokehold: Calls for criminal charges after death of Jordan Neely

The choking death of Jordan Neely is setting off powerful reactions across the city, with some calling it a criminal, racist act while others justify the act.

Neely will be laid to rest at the Mount Neboh Baptist Church on May 19th where Reverend Al Sharpton has been asked to deliver his eulogy. Multiple arrests, molotov cocktail seized after Jordan Neely protests: NYPD

As outrage continues over the chokehold death of Jordan Neely, nearly a dozen people were arrested at a protest on Monday where the NYPD claims to have recovered a molotov cocktail.

There have been a string of protests across the city following Neely's death. As a result, at least 11 people have been arrested and the NYPD is searching for five protesters who allegedly stormed the subway tracks on the Upper East Side last Saturday.  Who was Jordan Neely?

Neely was not the first member of his family to die violently. His mother, Christie Neely, disappeared in 2007 and her body was found stuffed in a suitcase in the Bronx.

Christie Neely's boyfriend was charged with strangling her, and Jordan testified at the boyfriend's murder trial.

Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Neely's mental health began deteriorating at some point after that, and Mayor Eric Adams said the young man "interacted with many city agencies and community-based organizations and providers" over the years.

"Those efforts were not enough, and we must find ways to strengthen our system starting with investigation and accountability," Adams said.

RELATED: NYC Mayor Adams pledges more mental health support

Adams said he would bring together the leaders of the five organizations that contract with the city to provide homeless outreach services for a summit next week on improving outcomes for people with serious mental illness.

Information from the Associated Press was used in this report.

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Follow live: Mariners, Tigers open ALDS in Seattle

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Another Hernandez HR lifts Dodgers over Phillies

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Another Hernandez HR lifts Dodgers over Phillies

PHILADELPHIA — Teoscar Hernandez rallied the Los Angeles Dodgers with a three-run homer in the seventh inning that bailed out Shohei Ohtani, both on the mound and at the plate, and led his club to a 5-3 victory over the Philadelphia Phillies in Game 1 of their National League Division Series on Saturday night.

Ohtani struck out four straight times at the plate, the final time in the seventh with no outs and two runners on against Matt Strahm.

No worries, at least for the reigning World Series champions.

Following a Mookie Betts popout, Hernandez, who hit two homers in the wild card round, silenced a roaring Phillies crowd with an opposite-field drive to right off Strahm for a 5-3 lead. The veteran slugger gestured in wild celebration in his trot around the bases.

His hat off, Ohtani rose from his dugout seat to join in the fun, and exhale once he was on track for the win.

A three-time MVP, Ohtani recovered from a three-run second in his first career playoff pitching start to shut down the Phillies and finish with nine strikeouts over six innings.

Alex Vesia retired pinch-hitter Edmundo Sosa with the bases loaded in the eighth to preserve the lead. Roki Sasaki worked the ninth for his first career save.

Ohtani had admitted to nerves about playing in front of a crowd that voraciously tried to live up to its four hours of hell moniker — he was jeered as he stepped on the field during warmups — and he never found his footing at the plate.

Ohtani walked in the ninth.

Phillies starter Cristopher Sanchez struck out Ohtani three times, included a called strike three in the fifth inning that sent a towel-waving crowd into delirium.

Sanchez was even fired up on that one, and punched his fist in the air as he left the mound.

The Oh-4 became but a mere footnote — though Ohtani is the first player to strike out four times as a batter and strike out nine batters as a pitcher in the same postseason game — in an exhilarating comeback for a Dodgers team riding high after thumping the Reds in two games in the Wild Card Series.

Game 2 is Monday in Philadelphia.

Sanchez was thrust into the ace role when Zack Wheeler was ruled out for the season in August with complications from a blood clot. Wheeler was in full uniform and received a roaring ovation in the pregame introductions.

Sanchez pitched early like a No. 1 starter. He fanned Ohtani on three pitches to start the game and breezed through five scoreless innings.

Kike Hernandez chased Sanchez in the sixth when he ripped a two-out, two-run double down the left-field line that made it 3-2. David Robertson retired pinch-hitter Max Muncy to end the threat.

Robertson, the 40-year-old late-season pickup, allowed a single and hit Will Smith with a pitch to open the seventh before yielding to Strahm.

While disaster struck late for the Phillies bullpen, Vesia saved Tyler Glasnow in the eighth. Glasnow, pitching out of the bullpen in a short series, loaded the bases before he got the hook. Vesia got Sosa, who hit three home runs in a game last month, to fly out to center field.

The Phillies had only two hits after they scored three times in the third on J.T. Realmuto‘s two-run triple and Harrison Bader‘s sacrifice fly.

Jesus Luzardo will start for the Phillies on Monday in Game 2. Luzardo went 15-7 with a 3.92 ERA with a career-high 216 strikeouts in his first season with the Phillies after he was acquired from the Miami Marlins in an offseason trade. The Dodgers already had announced that two-time Cy Young Award winner Blake Snell was expected to start Game 2, with Yoshinobu Yamamoto on the bump in Game 3.

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Vlad Jr.’s playoff breakout fuels Jays past Yanks

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Vlad Jr.'s playoff breakout fuels Jays past Yanks

TORONTO — Vladimir Guerrero Jr.’s playoff career before Saturday was not befitting a $500 million franchise cornerstone. The Toronto Blue Jays first baseman managed just three hits in 25 plate appearances and didn’t hit a ball over the fence across six games. More important, the six games, split into two-game slices over three postseasons, were all Blue Jays losses.

That all flipped in a 10-1 win over the Yankees, the franchise he has long openly despised, in Game 1 of the American League Division Series on Saturday.

Starring in front of a raucous Rogers Centre crowd hungry for playoff baseball, Guerrero delivered an all-around clinic in the Blue Jays’ first playoff win since Game 4 of the 2016 AL Championship Series with a diving catch and three hits to fuel an offensive explosion.

“He’s the face of our franchise and a big reason why we go, a big part of why we’re here,” Blue Jays starter Kevin Gausman said. “So it’s been nice to see him have the night that he had.”

At the plate, Guerrero swatted his first career postseason home run and finished 3-for-4 with two RBIs and a run scored to fuel an offense that pounded 14 hits, including three home runs and three doubles. Defensively, his diving catch of Ryan McMahon‘s lineout at first base — while a bat shard whizzed by him — initiated an inning-ending double play in the second.

Blue Jays catcher Alejandro Kirk complemented Guerrero’s effort with his first two career postseason home runs. Right fielder Nathan Lukes contributed two hits, including a two-run double, with three RBIs and a diving catch down the right-field line. Shortstop Andres Gimenez went 2-for-4 as the Blue Jays chased Luis Gil after 2⅔ innings and forced the Yankees to use six pitchers.

“I think having him get the scoring going, the double play at first with McMahon, it’s nice,” Blue Jays manager John Schneider said of Guerrero. “It gives you a little bit of a jolt because it’s Vlad and what he means to this team.”

Guerrero did not waste time in providing that energy, swatting a 90 mph changeup from Gil in the first inning to give the Blue Jays a lead they wouldn’t relinquish. He added singles in the second and eighth innings and a sacrifice fly in the Blue Jays’ game-busting four-run seventh, igniting the sellout crowd on a gorgeous day in Ontario with the building’s roof open.

That it happened against the Yankees was fitting. Guerrero’s dislike of the Yankees, he has said, dates back to two incidents over two decades ago: the Yankees pulling a contract offer for his father, a Hall of Fame outfielder, in 2003 and Yankee Stadium security telling his father to take him off the field when he was a boy.

“For me, I bring the same energy every game regardless who I’m playing, especially now in the playoffs,” Guerrero said. “That’s all I’ve got on my mind is to go out there and play hard.”

Whatever his motivation, the five-time All-Star has enjoyed facing the Yankees during his seven-year career. Entering Saturday’s matchup — the first ever between the two clubs in the postseason — Guerrero was batting .302 with 22 home runs and an 0.918 OPS in 102 career games opposite the Yankees.

He improved those gaudy numbers Saturday, adding another highlight reel to a year that began with him committing to Toronto with a 14-year, $500 million contract extension in April and that he hopes ends with the franchise’s first championship since 1993 later this month.

“For me, my goal always is to win a World Series, to bring the World Series here,” Guerrero said. “My father, he never had the chance to win a World Series. That’s one of my goals, always been one of my goals, to do that for me, for him.”

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