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Grand jury votes to indict Marine who held homeless man in fatal chokehold on NYC subway

PHOTO: Daniel Penny, man accused of choking Jordan Neely, turning himself in, Photo Date: 5/12/2023
Daily Mail / YouTube
PHOTO: Daniel Penny, man accused of choking Jordan Neely, turning himself in, Photo Date: 5/12/2023

Originally Published: 14 JUN 23 17:07 ET
Updated: 14 JUN 23 17:14 ET
By John Miller, CNN

(CNN) — A Manhattan grand jury has voted to indict Daniel Penny, the retired US Marine who held Jordan Neely in a fatal chokehold on the New York City subway, according to a source with knowledge of the case. 

Penny was indicted on second-degree manslaughter charges. 

Penny surrendered to police last month to face a second-degree manslaughter charge. He has since been out on bond. 

Penny held Neely, a homeless man and street artist, in a chokehold on the subway train May 1 after Neely began shouting at passengers that he was hungry and thirsty and didn’t care if he died. Penny forced 30-year-old Neely to the train floor and restrained him in a chokehold until he stopped breathing. A medical examiner ruled Neely’s death a homicide. 

CNN has reached out to Penny’s attorneys and the lawyers representing Neely’s family.

This is a developing story and will be updated.

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