New York Jury Votes To Indict Former Marine For Choking Homeless Man To Death At NY Subway

At an initial court appearance in May, Penny was charged with one count of second-degree manslaughter for choking Neely to death on a New York subway train.

A New York grand jury on Wednesday voted to indict former U.S. Marine sergeant Daniel Penny on in connection with the death of a homeless man named Jordan Neely. The charge or charges in the indictment won't be made public until Penny makes an appearance in court at a later date, according to a person familiar with the case who told Reuters. At an initial court appearance in May, Penny was charged with one count of second-degree manslaughter for choking Neely to death on a New York subway train.

The accused was arraigned at the Manhattan Criminal Court on May 12 on the charge of second-degree manslaughter, however, Judge Kevin McGrath released him on a $100,000 bond. As per Reuters, the judge ordered him to surrender his passport and return to court on July 17.

To bring an indictment on felony charges in New York, prosecutors from the office of Manhattan District Attorney Alvin Bragg presented evidence to a grand jury of 23 Manhattan residents. While most defendants don't testify to a grand jury themselves, as per New York Times, Penny on the other hand had planned to appear before the jury under oath.

What Went Down

Neely was a 30-year-old former Michael Jackson impersonator who suffered from mental illness. As per an eyewitness, he had been shouting about how hungry he was and that he was willing to die or return to jail. Following this, Penny trapped Neely into a chokehold on the train. He said that he didn't intend to kill Neely but that he acted in self-defence and also to protect his fellow passengers. However, witnesses said that Neely did not physically threaten or attack anyone before the accused took hold of him.

This killing sparked nationwide protests in the US and protestors were angry with the police for their delayed action in arresting Penny who was white, for killing a black man.

Penny was questioned by police on the day of the incident but he wasn't arrested. After 11 days of the incident, he made an initial court appearance.

Conservative broadcasters and Republican politicians defended him and created a legal defence fund of nearly $3 million through donations.

The killing renewed debate about gaps in the city's support systems for homeless and mentally ill New Yorkers.