Source: Alexi Rosenfeld / Getty
New York City grand jurors indicted Daniel Penny in the death of fellow subway rider Jordan Neely on Wednesday.
Penny, a 24-year-old Marine veteran, was indicted on a second-degree manslaughter charge in the chokehold death of homeless Neely.
“a grand jury has returned a true bill in the case against Daniel Penny. The Supreme Court arraignment will be held on June 28,” Doug Cohen, press secretary for the Manhattan DA, said in a statement. “We cannot comment further until the arraignment takes place.”
Penny’s attorneys said they will “aggressively defend” him when the case goes to trial.
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.
“I was scared for me, but I looked around and saw women and children. He was yelling in their faces and saying these threats. I couldn’t just sit still,” he said.
Penny claims Neely shouted “I’m gonna kill you” and that he was “ready to die” or go to jail for life.
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.”
Penny was released on $100,000 bond following his May 12 arraignment. He will need to return to court to be arraigned on the new indictment.
