Daniel Penny indicted in chokehold death of Jordan Neely

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.

Daniel Penny to be charged with second-degree manslaughter in death of Jordan Neely

Daniel Penny, the Marine veteran whose chokehold killed Jordan Neely on a Manhattan subway train, is to be charged with second-degree manslaughter and will turn himself in to police on Friday.

Penny, 24, is expected to turn himself in at the Fifth Precinct stationhouse on Elizabeth St. in Chinatown, said a police official. Manhattan DA’s office spokesman Doug Cohen confirmed the arrest charge.

After he turns himself in, Penny is to be arraigned in Manhattan Criminal Court, Cohen said.

Bystander video shows Penny holding Neely, 30, in a chokehold aboard an F train on May 1. He was taken in for questioning later that day, but was released without charges.

[SOURCE: NY DAILY NEWS]