Former Marine indicted in New York chokehold death of Jordan Neely

A New York grand jury on Wednesday indicted former Marine Daniel Penny in connection with the May death of homeless man Jordan Neely on a New York subway.

The exact charges will not be unsealed until a later court date, according to Reuters, though Penny was already charged with second-degree manslaughter charge at his May 12 arraignment. He did not enter a plea at the time. Sources told the New York Post that the charges include second-degree manslaughter and criminally negligent homicide

Video footage from May 1 shows Penny restraining Neely on the metro with a chokehold while at least two other passengers aid him in the effort. The former Marine secured release on a $100,000 bond and is due back in court on July 17. Neely died at the hospital after falling unconscious during the incident and the medical examiner ruled the death a homicide.

Penny and his legal team have contended that he acted in self defense and that Neely had been threatening passengers in the subway car prior to his efforts to restrain him. Witness statements have corroborated Penny's account, with at least one passenger calling him a "hero."

"It was self-defense, and I believe in my heart that he saved a lot of people that day that could have gotten hurt," one witness said.

"The people on that train, we were scared. We were scared for our lives," she added. "Mr. Penny cared for people. That’s what he did. That is his crime."

Penny was questioned by police following the incident, but did not face arrest or charges until more than 10 days later.

The death of Neely has generated national attention, with many political figures on the left rushing to mourn Neely and villainize Penny. Conversely, right-leaning politicians have declared Penny's prosecution a disgrace and condemned District Alvin Bragg for bringing any charges at all. 

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.