Grand jury votes to indict Daniel Penny for murder in the death of Jorden Neely in New York City

The Manhattan district attorney's office filed the case against the Navy veteran, who strangled the homeless man on the subway.

A New York grand jury has decided to indict Daniel Penny, the former Marine who fatally asphyxiated Jordan Neely, a homeless man with a history of illness, for murder. The incident occurred on May 1, and Penny's defense claimed that the victim was threatening both passengers and his client.

According to what police sources told ABC, the charges will be revealed once the accused appears in court. He had initially been charged with second-degree manslaughter, but the medical examiner later ruled Neely's death a homicide.

What happened between Penny and Neely?

The event occurred on May 1, when the two men were on an F train in New York City. According to what witnesses told police, Neely, who had a history of mental illness, had been shouting and threatening passengers in the car; however, there was no indication that he was going to physically attack anyone.

In an attempt to restrain him, Penny strangled him and the homeless man eventually died of asphyxiation. The exchange was filmed and quickly went viral, leading to the arrest of the former Marine on May 12, who local detectives had previously questioned. At that time, he pleaded not guilty and posted $100,000 bail. However, the formal indictment required the district attorney, Alvin Bragg, to persuade a grand jury to proceed with the murder case.

According to Penny and his attorneys, Neely was "aggressively threatening" him and other passengers, so the man took steps to defend himself and others until authorities arrived on the scene.

The case was widely commented on throughout various social networks as to whether or not Penny acted in self-defense.