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Daniel Penny is the man who on a New York City subway, choked a homeless man to death after he witnessed the man threatening people.

Penny was indicted by the Grand Jury of New York on Wednesday after the death of Jordan Neely, who had reportedly threatened passengers, prompting Penny to restrain him in a chokehold.

Penny was indicted on one count each of criminally negligent homicide and second-degree manslaughter for the Neely’s May 1 death.

On May 1, a Neely stormed onto a subway. A man who had a history of mental illness and attacking people on subways. When he entered the subway, he began screaming and threatening passengers.

Amidst the screaming and threatening, Penny, a former marine approached Neely from behind and put him in a chokehold. Several minutes later, the mentally ill Neely laid there dead.

Since the indictment Penny has come out and said that it was not his intent to kill Neely. He was just trying to protect the passengers on the subway.

To hear Tony Katz’s thoughts on the indictment, click the link below.