Daniel Penny indicted in the death of Jordan Neely

US Marine veteran Daniel Penny is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023 on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely. The death of Jordan Neely -- widely identified as a Michael Jackson impersonator who often performed on the train -- earlier this month sparked outrage. (Photo by TIMOTHY A. CLARY / AFP) (Photo by TIMOTHY A. CLARY/AFP via Getty Images)
US Marine veteran Daniel Penny is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023 on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely. (Photo by TIMOTHY A. CLARY/AFP via Getty Images)

OAN’s Roy Francis
2:21 PM – Wednesday, June 14, 2023

Former Marine Daniel Penny has been indicted by a New York grand jury in the death of Jordan Neely.

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Weeks after the death of Neely sparked a national debate over Penny’s actions and scrutiny over the state of the mental health system in the country, Penny has been indicted by a grand jury.

The 24-year-old former Marine was initially facing second-degree manslaughter charges when he turned himself in to authorities on May 12th.

Penny’s lawyers have maintained that he had acted in self-defense and in the defense of the other passengers. Witnesses back up Penny’s claim that Neely was “yelling, screaming, and threatening” the passengers on the train.

Penny released a series of videos on Sunday in which he addresses the incident, saying that he was not “trying to kill Neely” when he grabbed him, but he could not sit still while Neely ranted and threatened those around him.

“There’s a common misconception that Marines don’t get scared. We’re actually taught one of our core values is courage, and courage is not the absence of fear but how you handle fear,” he said. “I was scared for myself but I looked around there was women and children, he was yelling in their faces saying these threats. I just couldn’t sit still.”

After the death of Neely, who had a a lengthy history of mental illness and over 40 arrests, his family blamed New York authorities for not ensuring that he had gotten the care he needed. The family has also openly called for Penny to face murder charges.

In May, while delivering the eulogy at Mount Neboh Baptist Church in Harlem, the Reverand Al Sharpton also criticized Penny, the authorities and their decisions.

“Who thought it was alright for this man to choke a brother to death and go home to see his family?” Sharpton said. “Who gave the order it was alright to release him?”

Penny, who is currently out on $100,000 bail, is due back in court on July 17th.

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