Daniel Penny, charged with manslaughter for putting a New York City subway rider in a fatal chokehold, has been indicted by a grand jury, an expected procedural step that will allow the criminal case to continue.
Grand jury proceedings are secret and spokespeople for Manhattan District Attorney Alvin Bragg declined to comment Wednesday, but the indictment was confirmed by New York City Mayor Eric Adams.
Neely was shouting at passengers and begging for money when Penny pinned him to the floor of the moving subway car with the help of two other riders. Penny, a former U.S. Marine, then held Neely in a chokehold that lasted more than three minutes. A freelance journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, said he was acting aggressively and frightening people but hadn’t assaulted anyone. Neely was Black. Penny is white.
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