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A grand jury has indicted Daniel Penny in the chokehold death of Jordan Neely on a New York City subway train. The indictment remains sealed, and the exact charges will not be announced until Penny appears in court.
Penny was arrested last month and charged with second-degree manslaughter. Penny claims he was acting in self-defense and the defense of others when he tried to restrain Neely.
Witnesses said that Neely, who was homeless, was screaming loudly and harassing people on the train before Penny, a former United States Marine, intervened. Penny subdued Neely and put him in a chokehold.
He continued to hold Neely for several minutes, even after he stopped moving. When officers arrived, Neely was unconscious. He was rushed to the hospital, where he was pronounced dead.
A video of the incident recorded by a bystander went viral, with many people calling for Neely's arrest.
Prosecutors argue that Penny was not acting in self-defense and that Neely was not threatening him and was not acting violently when Penny intervened.