Daniel Penny indicted by grand jury in chokehold death of Jordan Neely on NYC subway, attorneys say

Daniel Penny, the Marine veteran who has been charged with killing 30-year-old Jordan Neely with a chokehold on a New York City subway car on May 1, was indicted by a grand jury on Wednesday, the attorney for Neely’s family told CBS New York. Penny’s attorneys said in a statement that they will “aggressively defend” him when the case goes to trial.

A law enforcement source also confirmed Penny’s indictment to CBS News.

Penny, 24, was originally charged with second degree manslaughter in May, and released on bail.

Penny maintains that Neely was behaving erratically on the train and threatening to kill fellow passengers when he moved to subdue him, according to video statements released by his attorneys. After the incident, Penny was initially questioned by police and released without being charged.

A statement released last month by Penny’s attorneys said Neely had “a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness.” It also said Penny “never intended to harm Mr. Neely and could not have foreseen his untimely death.”

Neely, who performed as a Michael Jackson impersonator, was homeless, and family members said he had struggled with mental health after losing his mother as a teen. At his funeral service on May 19, Rev. Al Sharpton said, “Jordan was screaming for help. We keep criminalizing people with mental illness.”

The Manhattan District Attorney’s Office declined to comment on the indictment when asked by CBS News.

–Pat Milton contributed reporting.

C Mandler

C Mandler is a social media producer and trending topics writer for CBS News, focusing on American politics and LGBTQ+ issues.