Daniel Penny, heart, is walked by New York Police Department detectives out of the fifth Precinct on Wednesday.

Jeenah Moon/AP

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Jeenah Moon/AP

Daniel Penny, heart, is walked by New York Police Department detectives out of the fifth Precinct on Wednesday.

Jeenah Moon/AP

NEW YORK — A person charged with manslaughter for placing an agitated New York City subway rider in a deadly chokehold has been indicted by a grand jury, an anticipated procedural step that can enable the prison case to proceed.

Daniel Penny was charged by Manhattan prosecutors final month within the May 1 dying of Jordan Neely, a former Michael Jackson impersonator who struggled lately with homelessness and psychological sickness.

Grand jury proceedings are secret and spokespeople for Manhattan District Attorney Alvin Bragg declined to remark Wednesday, however the indictment was confirmed by New York City Mayor Eric Adams.

“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely. Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward,” Adams mentioned in a press release.

Neely was shouting at passengers and begging for cash when Penny pinned him to the ground of the transferring subway automobile with the assistance of two different riders. Penny, a former U.S. Marine, then held Neely in a chokehold that lasted greater than three minutes.

Penny has mentioned he was defending himself and different passengers, claiming Neely shouted “I’m gonna’ kill you” and that he was “ready to die” or go to jail for all times.

A contract journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, mentioned he was appearing aggressively and horrifying individuals however hadn’t assaulted anybody. Neely was Black. Penny is white.

Penny’s attorneys, Steven Raiser and Thomas Kenniff, mentioned in a press release that Neely had not supposed to kill Neely, simply maintain him till police arrived.

“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified,” Raiser mentioned.

Neely’s death prompted protests by many who noticed it for instance of racial injustice, however some individuals have rallied round Penny, together with a number of of the Republican candidates for president. A fund set as much as pay for Penny’s authorized protection has raised greater than $2.8 million, in response to his attorneys.

Penny, 24, was launched on $100,000 bond following his May 12 arraignment. He might want to return to court docket to be arraigned on the brand new indictment.

Under New York legislation, prosecutors wanted a grand jury indictment to maneuver ahead with the case.

If convicted, Penny may face years in jail.