Neely’s death was ruled a homicide, according to the medical examiner.
A grand jury has indicted former U.S. Marine Daniel Penney in connection with the death of Jordan Neely on a subway train, law enforcement sources told ABC News.
Exact charges won’t be sealed until Penny appears in court at a later date, sources said. Penny was initially arrested on a charge of second degree manslaughter.
The video showed Benny, 24, choking Neely on May 1. Assistant District Attorney Joshua Steinglass told the judge that several witnesses observed Neely making threats. Some witnesses told police that Neely was yelling and harassing passengers on the train, officials said. Police sources told ABC News that Benny wasn’t specifically threatened by Neely when he intervened, and that Neely wasn’t violent and didn’t threaten anyone in particular.
Neely was homeless at the time of the incident.
Penny held Neely for several minutes, and at times Neely stopped moving, but Penny held him for a while, Steinglass said. Penny remained at the scene to speak with police following the incident, Steinglass said.
Jordan Neely was killed by asphyxiation and the medical examiner ruled his death a homicide.
Steinglass said prosecutors conducted a “thorough investigation” before moving forward with criminal charges. Penny turned himself in to police on May 12 after the Manhattan District Attorney’s Office announced the charges. He has yet to file a plea.
Neely, who was homeless at the time of his death, had a documented mental health history, police sources said. Neely has previously been arrested for several incidents on the subway, though it’s unclear how many, if any, led to convictions.
Penny’s attorneys said in a previous statement to ABC News, “We fully expect Danny to be acquitted of all charges.”
Penny’s attorneys offered “condolences to those close to Mr. Neely” and said in an earlier statement that “Mr. Neely began aggressively threatening Daniel” and that the Marine and others “acted in self-defense.”
