NEW YORK (WABC) — Daniel Penny has been indicted by a grand jury in Lower Manhattan in the death of Jordan Neely on a subway train last month.
Charges will be unsealed when he is arraigned. The date of his arraignment is expected to be announced sometime Thursday. Penny, 24, was initially arrested on manslaughter charges in Neely’s death.
It is believed Penny faces one charge of second-degree manslaughter which carries a maximum of 15 years in prison, and another charge for criminally negligent homicide which carries four years behind bars.
The Manhattan Districts Attorney Office did not immediately comment, but Mayor Eric Adams released a statement thanking Manhattan DA Alvin Bragg for his investigation.
“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely,” Adams said in a statement. “Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward.”
The former Marine was recorded holding Neely, a 30-year-old homeless man, in a minutes-long chokehold on an F train on May 1.
Following the indictment, Penny’s attorneys said they pledge to “aggressively defend” their client.
“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified,” attorney Steven Raiser said.
Reverend Al Sharpton, who eulogized Neely at his funeral, released a statement following the indictment that reads, “Appears Mr. Penny’s media tour these last few weeks was ineffective. We wish the charge would have reflected what this really was. Murder.”
Penny’s attorneys released a video statement over the weekend where he said he was protecting himself and other passengers.
Many believe the case is exposing New York City’s failure to address subway safety and mental health.
The case’s racial dynamics have also made it a hot-button issue. Neely’s supporters have argued that Penny’s delayed arrest is an example of a racist system. He surrendered to police 11 days after the killing under mounting public pressure.
Penny claims his actions had nothing to do with race.
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