Man who choked a NYC subway passenger is indicted by a New York jury

Photograph for breaking news

According to reports, a former US Marine who was seen on video placing a homeless man in a fatal chokehold while he was riding the subway in New York has been indicted.

The choice was made after second-degree manslaughter charges were brought against Daniel Penny by the prosecution last month for the death of street performer Jordan Neely.

Prosecutors needed the grand jury verdict in order to officially charge Mr. Penny, who is currently out on bail.

During the incident on May 1, Mr. Penny claims he was acting in self-defense.

He could spend up to 15 years behind bars if found guilty.

According to unnamed police officials quoted in US media on Wednesday, the decision to indict was made.

On Sunday, Mr. Penny, 24, posted a video to social media in which he claimed he had no desire to kill Mr. Neely, a 30-year-old homeless man who had reportedly been yelling at subway passengers before the altercation started.

In the video, he said, "There's a misconception that Marines don't experience fear.

He continued, "We're actually taught that one of our core values is courage, and courage is not the absence of fear but how you handle fear." He said he felt compelled to confront Mr. Neely because of the way he was acting around the passengers.

"I was terrified for myself, but I looked around and saw women and kids who were being threatened by the man who was shouting in their faces. I simply couldn't stay still.

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