Daniel Penny, ex-Marine accused in NYC subway chokehold death, indicted by grand jury

NEW YORK — A grand jury in New York City on Wednesday indicted former U.S. Marine Daniel Penny in connection to a chokehold death on a subway last month, according to published reports and the city’s mayor.

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Penny was indicted on second-degree manslaughter charges in the May 1 death of Jordan Neely, The New York Times, NBC News and CNN reported, citing unidentified sources.

WCBS-TV, quoting the attorney for Neely’s family, said that a Manhattan grand jury indicted Penny.

Update 7:47 p.m. EDT June 14: The indictment was confirmed by New York Mayor Eric Adams, according to The Associated Press.

“I appreciate DA (Alvin) Bragg conducting a thorough investigation into the death of Jordan Neely,” Adams said in a statement. “Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward.”

Original report: A representative for Manhattan District Attorney Alvin Bragg declined to comment to NBC News. The law firm representing Penny, Raiser & Kenniff, also declined comment, the Times reported.

Penny, 24, was initially arrested on a second-degree manslaughter charge, according to ABC News. He has been free on bail, CNN reported.

According to the medical examiner’s office, Neely, 30, died from “compression of neck (chokehold),” WCBS reported. His death was ruled a homicide, officials said.

Neely was riding on a northbound F train in Manhattan on May 1 when police said he began “acting erratically” at about 2:30 p.m. EDT, WABC-TV reported.

“I don’t have food, I don’t have to drink, I’m fed up … I don’t mind going to jail and getting life in prison … I’m ready to die,” Neely allegedly said in a video recorded by Juan Alberto Vazquez, a freelance journalist. Vazquez posted the incident on his Facebook page, “Luces de Nueva York,” according to the Times.

In Vazquez’s video, Neely can be seen flailing his arms and kicking his legs as he attempted to free himself from the grasp of a man, later identified as Penny, the Times reported.

Neely eventually lost consciousness and was taken to Lenox Hill Hospital, where he was pronounced dead, WABC reported.