Daniel Penny, the vigilante who choked Jordan Neely to death on a New York City subway train last month, was indicted Wednesday by a Manhattan grand jury, ABC 7 reported.
The 24-year-old surrendered to police in May on a charge of second-degree manslaughter after horrifying footage revealed Penny placing Neely, a 30-year-old Black homeless man, in a chokehold for several minutes until he passed out. It remains unclear what charges the former U.S. Marine will be indicted on—they will be unsealed at his arraignment at a later date.
The Manhattan District Attorney’s Office did not immediately provide comment to The Daily Beast.
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Penny is currently free on a $100,000 bail and faces a sentence of up to 15 years behind bars if convicted of his initial charge. His attorneys have previously claimed he “never intended to harm Mr. Neely and could not have foreseen his untimely death,” allegedly acting in self-defense.
In a recent interview with Fox News, Penny wildly speculated that Neely “would have killed somebody” if he “had carried out his threats.” He told the outlet he “was scared” the day of Neely’s death and “saw older women and children” who were “terrified.”
Other eyewitness accounts describe Neely crying out for food and water and “screaming in an aggressive manner,” but there is little evidence the Michael Jackson impersonator posed a physical threat to fellow subway riders that day.
The vigilante’s legal team points to Neely’s “documented history of violent and erratic behavior” from “ongoing and untreated mental illness.” Sources close to Neely’s case have confirmed to CNN that his name appeared on the NYC Department of Homeless Services’ “Top 50” list, which is reserved for those in dire need of help, before his death.
However, Neely’s family has said in a prior statement that “truth is, [Penny] knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing.” The city medical examiner has ruled his death a homicide as a result of compression of the neck.
With mounting backlash accusing him of racism, Penny has sworn that he is not “white supremacist” and is a “normal guy.” He expressed to the New York Post that he was “deeply saddened” by Neely’s death—which apparently “had nothing to do with race”—and blamed “the system that so desperately failed us.”
“Everybody who’s ever met me can tell you, I love all people, I love all cultures,” Penny told the Post. “I was actually planning a road trip through Africa before this happened.”
“I always do what I think is right,” he added.
A GiveSendGo campaign started by Penny’s defense team has raked in a whopping $2.8 million in the span of roughly a month to go toward his legal fees. The fundraiser, hosted on a Christian website favored by conservatives, claims excess proceeds will be donated to a New York City mental health advocacy program.
Big name Republicans have thrown their support behind Penny, including 2024 GOP presidential candidate Gov. Ron DeSantis, who tweeted “We stand with Good Samaritans like Daniel Penny. Let’s show this Marine ... America’s got his back.”
Penny’s next court date has yet to be set.
