Daniel Penny Indicted In Fatal Choking Of Jordan Neely On NYC Train

A grand jury has indicted Marine veteran Daniel Penny on charges connected to the fatal choking of Jordan Neely on a subway train in New York City, according to multiple media outlets.

Neely, a 30-year-old Black man known for his street performances and Michael Jackson impersonations, was riding the subway on May 1 when 24-year-old Penny, a white man, placed him in a chokehold for several minutes on the floor of the train car until he died.

The New York City medical examiner’s office said Neely died of “compression to his neck as a result of the chokehold” and ruled his death a homicide.

Witnesses in the incident said Neely, who has struggled with his mental health, was behaving in an agitated manner but not threatening anyone on the train. Juan Alberto Vázquez, a freelance journalist who recorded the chokehold, said that Neely was yelling that he didn’t have food and water and that he was tired and didn’t care if he died.

Penny put Neely in the chokehold for what Vázquez claimed was 15 minutes. Penny has since denied that he put Neely in a chokehold as captured on video and then claimed he was restraining the homeless man to protect others despite not appearing to be in immediate danger.

Neely’s death resulted in widespread protests calling for Penny’s arrest and for a nuanced discussion on race, homelessness and mental health . Police arrested Penny 10 days after the incident on second-degree manslaughter charges and released him on bond.

The exact charges handed down by the grand jury are not expected to be unsealed until Penny appears in court at a later date for arraignment. Neely’s family said last month that they want Penny to face more severe charges,  such as murder.