JUST IN: NY Grand Jury Indicts Former Marine Daniel Penny in Chokehold Death of Jordan Neely

Daniel Penny has been indicted on at least one count of manslaughter in connection with the death of homeless man Jordan Neely on a New York City subway car, according to Fox News reporting.

Reporter Bryan Llenis said two sources confirmed that Penny was indicted Wednesday afternoon.

“Now, we don’t know the exact charges,” Llenis said. “We do know that Penny was facing a second-degree manslaughter charge and that the Manhattan District Attorney’s office believe that they had enough evidence — video and witness testimony — to indict him and to charge him on this second-degree manslaughter charge, which in New York means that they believe that Penny recklessly caused the death of Jordan Neely when he put him in that chokehold on that subway train on May 1.

“Of course, look, the bar was low for a grand jury to indict someone; there’s a reason they say you can indict a ham sandwich — you needed just 12 of the 23 people in this jury to agree that there was enough evidence in this case, and enough reasonable cause to believe that a crime had been committed here. And that is what sources tell Fox News they voted here to indict because they believe there’s enough evidence and reasonable cause to move forward, and that means that there’s going to be a trial. A jury will then decide whether he’s guilty or he’s not.”

Penny turned himself in to authorities on May 12 after politicians and activists called for his immediate arrest, according to The New York Times. Penny’s attorneys have argued that Penny was acting in self-defense when he subdued 30-year-old Neely, who was reportedly acting erratically.

In a statement, Penny’s attorneys said, “Mr. Neely began aggressively threatening Daniel,” and that Penny and other passengers “acted to protect themselves.” They offered their condolences to Neely’s family.

The medical examiner ruled that Neely was killed by the chokehold and ruled his death a homicide.

Some conservatives have supported Penny, calling him a modern-day vigilante for subduing a threat to fellow passengers.

According to the Times, “Mayor Eric Adams has called Mr. Neely’s killing ‘tragic’ but has urged patience. In a speech, he said that while ‘we have no control over’ the legal process, what ‘we can control is how our city responds to this tragedy.’”