Daniel Penny, the Marine veteran charged with the death of Jordan Neely in a New York City subway car, has been indicted by a grand jury, according to Neely’s family attorney.
The indictment comes after Penny’s initial charge of second-degree manslaughter in May. Penny’s defense team stated that they will vigorously defend him during the upcoming trial. The indictment was also confirmed by a law enforcement source.
Penny’s attorneys have released video statements in which Penny claims that Neely was acting erratically and making threats towards fellow passengers, leading Penny to subdue him. After the incident, Penny was questioned by the police but released without charges.
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In a recent interview, Penny described the threats allegedly made by Neely, including statements such as “I’m going to kill you” and “I’m willing to die.” Penny’s lawyers argue that he never intended to harm Neely and could not have anticipated his death.
Jordan Neely, a homeless individual and Michael Jackson impersonator, had struggled with mental health issues since losing his mother as a teenager.
Rev. Al Sharpton, speaking at Neely’s funeral service, emphasized the need to address mental illness instead of criminalizing those affected.
Neely’s family released a statement applauding the indictment, emphasizing that it sends a message that no one is above the law.
The Manhattan District Attorney’s Office declined to comment on the indictment. The case is expected to proceed to trial, where Penny will present his defense.
