Daniel Penny, the Marine veteran who has been accused of killing 30-year-old Jordan Neely with a chokehold on a New York City subway car on May 1, was indicted by a grand jury on Wednesday, the attorney for Neely’s family told CBS New York. Penny’s attorneys said in a statement that they will “aggressively defend” him when the case goes to trial.
A law enforcement source also confirmed Penny’s indictment to CBS News.
Penny, 24, was originally charged with second degree manslaughter in May, and released on bail.
Penny maintains that Neely was behaving erratically on the train and threatening to kill fellow passengers when he moved to subdue him, according to video statements released by his attorneys. After the incident, Penny was initially questioned by police and released without being charged.
Alexi Rosenfeld / Getty Images
A statement released in May by Penny’s attorneys claimed that Neely had “a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness.” It also said Penny “never intended to harm Mr. Neely and could not have foreseen his untimely death.”
The Manhattan District Attorney’s Office declined to comment on the indictment when asked by CBS News.
–Pat Milton contributed reporting.
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