As previously reported by REVOLT, on May 1, white former Marine Daniel Penny was riding a subway train in New York when he crossed paths with Jordan Neely — a Black, unhoused street performer struggling with mental health issues. As the 30-year-old loudly complained about his lack of food and water, the military vet considered him a threat and placed him in a lethal chokehold.

Today (June 14), news broke that Penny has been indicted by a Manhattan grand jury for the death of Neely. According to The New York Post, his initial charge was second-degree manslaughter, although his exact charges will be unsealed at his arraignment. It is not immediately known what the charges of his indictment are. The 24-year-old has tried to claim self-defense through legal counsel, despite Neely not having a weapon and never making physical contact with anyone on the subway train.

In an exclusive interview published by Fox News Digital last week, Penny told the outlet Neely “would have killed somebody” had he not intervened. “Between stops, you’re trapped on the train, and there’s nowhere to go. You can try to move away, but you can only do so much on a packed car. I was scared. I looked around, and I saw older women and children, and they were terrified,” the Long Island native claimed during the discussion. From the very start, Neely’s family has slammed his statements.

“The truth is, he knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan‘s neck and squeezed and kept squeezing,” the victim’s relatives said after Penny’s defense team tried to make a case using Neely’s mental health issues. A statement from Neely’s family added that Penny “believed he was entitled to take Jordan‘s life,” he “acted with indifference” and “needs to be in prison.” The 24-year-old’s next court date is scheduled for July 17.