A grand jury in New York City has voted to indict Daniel Penny in connection with the killing of Jordan Neely, who was placed in a fatal chokehold on the floor of a subway car last month.
A state Supreme Court arraignment is scheduled for 28 June.
Mr Penny was initially charged with second-degree manslaughter on 12 May. He did not enter a plea. He was released after posting $100,000 bail, and his next appearance was scheduled for 17 July. A grand jury was impaneled late last month.
The office of Manhattan District Attorney Alvin Bragg has declined to comment until the arraignment takes place.
“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,” Mr Penny’s attorney Steven Raiser said in a statement shared with The Independent on 14 June. “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.”
Thomas Kenniff, who also is representing Mr Penny, said his client “saw a genuine threat and took action to protect the lives of others.”
Witnesses stated that Neely, who was experiencing homelessness and a mental health crisis in the days and months leading up to his death, walked into the train car loudly complaining of hunger and thirst on a Manhattan F train on 1 May, yelled to passengers that he was not afraid to go to jail or die, then threw his jacket to the ground before Mr Penny grabbed him from behind and wrestled him to the ground. Neely did not physically attack or specifically threaten anyone on the train that day, according to law enforcement.
Assistant District Attorney Joshua Steinglass described the events similarly in a statement in Manhattan Criminal Court on 12 May.
“Jordan Neely entered the northbound F train at approximately Second Avenue in Manhattan. Several witnesses observed Mr Neely making threats and scaring passengers,” he stated.
“The defendant approached Mr Neely from behind and placed him in a chokehold, taking him down to the ground,” where Mr Penny held him for several minutes after the train reached the Broadway-Lafayette platform, according to the statement. Two other men helped restrain Neely by pinning his arms, and “at some point Mr Neely stopped moving,” Mr Steinglass stated.
Prosecutors determined there was probable cause to charge Mr Penny after several witness interviews, a review of photo and video evidence, and a discussion with the medical examiner’s office, which ruled Neely’s death a homicide.
The case surrounding Neely’s death, which was recorded on a cell phone and shared widely, has sparked widespread debate and protests traversing issues of race, criminal justice, and urgently needed care for homeless and mentally ill New Yorkers.
The case also has captured the volatility of sensational media coverage around New York City and other Democratic-led cities, while Mr Penny has been hailed as a hero by right-wing personalities in claims that echo across social media and news outlets.
An online fundraising campaign for Mr Penny’s legal defence was launched on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service. It has collected more than $2.8m.
Mr Penny has defended his actions in interviews with Fox News and The New York Post.
A decision from a grand jury recommends to prosecutors whether a person should be formally charged with a crime or other offense. That decision is based on evidence presented by prosecutors to jurors.
“We believe in our criminal justice system and believe it worked today,” attorneys for Neely’s family said in a statement shared with The Independent.
“The grand jury’s decision tells our city and our nation that ‘no one is above the law’ no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,” they added. “Any reasonable person knows choking someone for that long will kill them. Daniel Penny did not have the right to be the judge, jury and executioner.”
This story was initially published on 14 June and has been updated with developments
