A Manhattan grand jury has indicted 24-year-old Daniel Penny in the subway chokehold death of Jordan Neely, multiple sources have confirmed.

The Marine veteran had previously turned himself in on second-degree manslaughter charges. The grand jury’s indictment, which is under seal, is expected to be formally announced Thursday, CNN reports.

The May 1 incident, captured on video, attracted widespread national attention as it unfolded on a New York City train. The footage shows Jordan Neely, a Black man experiencing homelessness and mental health problems, standing up inside the train car before being placed in a chokehold for several minutes by Penny. Witnesses at the scene reported Neely had been yelling and harassing passengers on the train. In contrast, other reports stated Neely was not acting violently toward any particular passenger.

Neely’s death was ruled a homicide.

Penny faces five to 15 years in prison if convicted of one count of second-degree manslaughter.

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