Grand Jury votes to indict Daniel Penny in Subway Chokehold Killing

A grand jury on Wednesday voted to indict a Marine veteran who was arrested last month after murdering a homeless person on a subway in a case that sparked a political firestorm in New York City and beyond, according to a person with knowledge of the matter.

The case against the veteran, Daniel Penny, was brought by the Manhattan District Attorney, who charged Mr. Penny had been charged with manslaughter in the death of homeless man, Jordan Neely, but needed grand jury approval to continue the case.

A spokeswoman for the district attorney’s office declined to comment on the development, which was reported by The Daily News, as did the law firm Mr. Penny, Raiser & Kenniff represented.

Mr. Penny and Mr. Neely met on an F train on May 1. Witnesses told police that Mr. Neely, who had a history of mental illness, had yelled at passengers and used threatening language, but there was no indication that he had physically assaulted anyone. Mr. Penny, apparently wanting to restrain Mr. Neely, placed him in a chokehold and killed him. The municipal coroner’s office ruled his death a homicide two days later.

A video of the meeting sparked protests and prosecutors launched an investigation. Mr. Penny was arrested and arraigned on May 12, but the law required District Attorney, Alvin L. Bragg, to convince a grand jury that there were reasonable grounds to believe that Mr. Penny had committed manslaughter.

The racial dynamic of the encounter – Mr. Penny is white and Mr. Neely was black – added to the attention it received, as did concerns about subway crime and New York’s treatment of the mentally ill. Mr. Penny’s case became a case for conservatives, and a legal fund his lawyers set up on his behalf raised nearly $3 million.

But progressive leaders pointed to the lack of an immediate arrest as evidence of a racist justice system, saying the case exemplified New York City’s challenges in dealing with its most vulnerable citizens.

William K. Rashbaum reporting contributed.