NEW YORK—A grand jury has indicted a man who put an agitated New York City subway rider in a fatal chokehold, prosecutors confirmed Thursday.
Daniel Penny was initially charged with manslaughter last month in the May 1 death of Jordan Neely, a homeless man with a history of mental illness and criminal charges.
A spokesperson for Manhattan District Attorney Alvin Bragg confirmed the grand jury voted to indict, a day after the news was widely reported. The specific charges will be unveiled during Penny’s arraignment on June 28. He had initially been charged with manslaughter in the second degree, which carries a maximum sentence of 15 years in prison, but a grand jury’s approval of charges was needed for the case to continue.
Neely was shouting at passengers and demanding money when Penny, a former U.S. Marine, pinned him to the floor of the moving subway car with the help of two other riders. Penny then held Neely in a chokehold that lasted more than three minutes until his body went limp.
Penny has said he was protecting himself and other passengers, claiming Neely shouted “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.
“He was yelling in their faces saying these threats,” Penny said in a video released by his attorneys this week. “I just couldn’t sit still.”
Neely’s death prompted protests, setting off a debate about vigilantism and public safety in New York City.
Others have rallied around Penny, including several of the Republican candidates for president. A fund set up to pay for Penny’s legal defense has raised more than $2.8 million, according to his lawyers.
The attorneys, Steven Raiser and Thomas Keniff, said they were confident that a trial jury would find Penny’s actions on the train justified.
“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing,” they said.
Neely, 30, had been arrested multiple times and had recently pleaded guilty to assaulting a 67-year-old woman leaving a subway station in 2021.
Penny, 24, was released on $100,000 bond following a May 12 court appearance.
In a statement on Wednesday, New York City Mayor Eric Adams said the indictment would allow for justice to move forward.
“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely,“ he said. ”Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward.”
