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Neely's death was ruled a homicide, according to the medical examiner.

ByKiara Alfonseca and Aaron Katersky

Wednesday, June 14, 2023 20:47

Daniel Penny says he protected himself from Jordan Neely

A grand jury has charged former US Marine Daniel Penny in connection with Jordan Neely's suffocation death on the subway, a law enforcement source told ABC News.

The exact charges won't be unveiled until Penny appears in court at a later date, the source said. Penny was initially arrested on a second-degree murder charge.

NOTE: Video in media player is from previous report.

The video shows Penny, 24, choking Neely on May 1. Several witnesses observed Neely making threats, assistant district attorney Joshua Steinglass told the judge. Several witnesses told police that Neely shouted and abused passengers on the train, authorities said. Police sources told ABC News that Penny was not specifically threatened by Neely when she intervened and that Neely was not violent and did not threaten anyone in particular.

Neely was homeless at the time of the incident.

Penny held Neely for several minutes, and at some point Neely stopped moving, but Penny continued to hold him for some time, Steinglass said. Penny remained at the scene to speak to police after the incident, Steinglass said.

Daniel Penny leaves Manhattan Criminal Court on Friday, May 12, 2023, in New York.

AP / Brittany Newman's photo

The medical examiner determined Jordan Neely had been killed by strangulation and his death was ruled a homicide.

Steinglass said prosecutors conducted a “thorough investigation” that included interviews with witnesses, 911 callers, and responding officers before proceeding with criminal charges. Penny turned herself in to police on May 12 following the announcement from the Manhattan attorney's office of the charges. He has yet to enter a defense.

Neely, who was homeless at the time of his death, had a documented history of mental health, according to police sources. Neely had previously been arrested for several subway incidents, although it was unclear how many, if any, resulted in convictions.

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