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 charges of criminally negligent homicide and second-degree manslaughter, sources said. He was arrested on one count of second-degree manslaughter for the homeless man’s May 21 death.
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
"Between stops, you’re trapped on the train, and there’s nowhere to go. You can try to move away, but you can only do so much on a packed car," Penny, 24, previously told Fox News Digital in an exclusive interview. "I was scared. I looked around, and I saw older women and children, and they were terrified."
KID ROCK TOP DONOR TO DANIEL PENNY'S DEFENSE IN NYC SUBWAY CHOKEHOLD DEATH
Penny said in a video released by his lawyers that Neely had stumbled into the train car and appeared to be on drugs.
"He ripped off his jacket and threw it down at the people sitting next to me," Penny recalled.
"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’
Penny approached Neely from behind, wrapped his arm around Neely's neck and dragged him to the floor, as two other men helped restrain him until he went limp.
Cellphone footage only captured about four minutes of the encounter after Neely was already on the floor, but one passenger can be heard telling Penny, "You’re going to kill him."
The city medical examiner ruled Neely’s death a homicide from compression of the neck.
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 city-wide protests that blocked traffic and halted train service.
Penny faces a maximum of five to 15 years in prison if convicted of one count of second-degree manslaughter.
