Beware the smiley face! =D
1. The legs. Human.
2. Hes holding a chain fed weapon. Human.
3. He appears to be allied with the Spartans. Human. The UNSC didnt buddy up with Elites before Halo 2, not a single one. Would be as bad as treason.
So there you go, is not an elite.
EDIT - Also, from what ive seen its likely its a Spartan called Sam from the books.
[Edited on 09.13.2009 8:15 AM PDT]