Daniel Penny has been indicted in the chokehold death of Jordan Neely on a New York City subway train last month.
A grand jury in lower Manhattan reached the decision Wednesday, more than a month after Penny, 24, put Neely in a deadly chokehold as the homeless man behaved erratically. The exact charges will not be unsealed until Penny is arraigned at a later date. Penny was first arrested May 12, on a second-degree manslaughter charge.
Penny, who is White, was captured on video on May 1, choking Neely, who was Black, for nearly three minutes after the homeless man started shouting on the train that "he had no food, he had no drink" and that "he was tired." Neely had had a lengthy history of run-ins with police and a history of mental illness.
While Penny kept his arms around Neely's neck for 50 seconds after he stopped moving, the train's conductor called 911. EMS workers were not able to revive Neely.
Penny is currently free on a $100,000 bond.
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