Marine veteran Daniel Penny was indicted Wednesday for the New York City subway chokehold death of Jordan Neely, sources told Fox News.
Penny was indicted on one count each of criminally negligent homicide and second-degree manslaughter for the homeless man’s May 21 death, sources said.
Neely, who suffered from mental illness and had a long history of violent attacks on subway riders, stormed onto the train at the Second Avenue station in Manhattan at about 2:30 p.m., screaming and threatening passengers.
DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE STEPPED IN
“He ripped off his jacket and threw it down at the people sitting next to me,” Penny recalled.
Marine veteran Daniel Penny, right, fatally choked Jordan Neely, left, on a New York City subway after the homeless man threatened passengers. (Mills & Edwards/AllTrails)
“I was listening to music at the time, and I took my headphones out to hear what he was yelling,” the college student continued. “The three main threats that he repeated over and over again were, ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life,’ and, ‘I’m willing to die.’”
WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’
The killing has divided the city, with many blasting him as a murderer while others have lauded him as a hero.
Neely’s death sparked citywide protests that blocked traffic and halted train service.