Law enforcement sources told ABC News that Daniel Penny, a former U.S. Marine, has been charged by a grand jury for the chokehold death of Jordan Neely on a subway train.
According to the sources, Penny's court appearance won't reveal the specific charges. Penny was initially taken into custody on a charge of second-degree manslaughter.
On May 1, Penny, 24, was caught on camera choking Neely. Joshua Steinglass, assistant district attorney, told the judge that a number of witnesses saw Neely making threats. Authorities claimed that Neely was yelling and harassing train passengers from accounts provided by witnesses. ABC News was informed by police sources that Neely had not become violent and had not been specifically threatening anyone when he intervened, and that Penny was not specifically being threatened by Neely.
At the time of the incident, Neely lived on the streets.
Steinglass stated that Penny held Neely for some time, and although Neely eventually stopped moving, Penny continued to hold him for some time. Penny stayed on the scene to chat with police following the occurrence, Steinglass said.
Jordan Neely's death was determined to be a homicide after the medical examiner found that he was choked to death.
Before proceeding with the criminal charge, according to Steinglass, prosecutors conducted a "thorough investigation" that included interviews with eyewitnesses, 911 callers, and responding officers. On May 12, Penny surrendered to the police after the Manhattan district attorney's office announced the charges against him. He has not made a plea yet.
Police sources claim that Neely, who was homeless at the time of his death, had a documented history of mental health issues. Neely had been recently captured for a few occurrences on the tram, however it's hazy the number of, if any, prompted convictions.
In a previous statement to ABC News, Penny's attorneys stated that they "fully expect that Danny will be exonerated of all charges."
In a previous statement, Penny's attorneys claimed that "Mr. Neely began aggressively threatening Daniel" and that the Marine veteran and others "acted to protect themselves." They also expressed "condolences to those close to Mr. Neely."
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