A grand jury in New York has indicted former U.S. Marine Daniel Penny in connection with the chokehold death of Jordan Neely aboard a subway train last month.
Penny was indicted on a second-degree manslaughter charge, sources told NBC News.
Video footage of the fatal incident shows Penny with his arm wrapped around Neely’s neck for several minutes until he became unconscious. Neely was pronounced dead at Lenox Health Greenwich Village hospital.
Witnesses told police that Neely, who has a documented mental health history, began yelling on the train that he was hungry, thirsty and had little to live for. They also observed Neely making threats but not to Penny or anyone in particular before the ex-Marine intervened.
Attorneys for Penny released a statement Wednesday evening stating it respected the grand jury’s decision and it “should be noted that the standard of proof in a grand jury is very low.”
“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 in a statement.
“We’re all saddened at the loss of human life,” Penny’s attorney Thomas Kenniff said in a statement. “Daniel Penny saw a genuine threat and took action to protect the lives of others.”