A Manhattan grand jury has voted to indict Daniel Penny for the May killing of Jordan Neely, a law enforcement source told the Us.Mistertruth on Wednesday.
Penny, a Marine veteran, was charged with second-degree manslaughter for the May 1 killing aboard a northbound F train.
The Manhattan district attorney’s office declined to comment. Penny’s lawyer Thomas Kenniff said he had not heard his client had been indicted and hung up.
Bystander video showed Penny, 24, holding the 30-year-old Neely in a chokehold until he stopped moving. Penny was taken in for questioning later that day, but was released without charges.
Neely grew up in Manhattan and was known to many New Yorkers as a passionate Michael Jackson tribute artist, though he later struggled with mental health issues and homelessness.