Ex-Marine Daniel Penny is being charged with death by strangulation of Jordan Neely

A grand jury in Manhattan has indicted ex-Marine Daniel Penny after the death of homeless Jordan Neely during a subway confrontation last month.

Exact charges are not yet known and will not be revealed until Penny, 24, appears in court at a later date – expected on July 17. He was initially arrested on charges of second-degree manslaughter.

Penny is currently free on $100,000 bail. He surrendered himself to law enforcement on May 12 — nearly two weeks after the fatal incident occurred.

In an episode that sparked protests across New York on May 1, Penny Jordan placed Neely — a homeless schizophrenic — in a chokehold on an F train. Neely lost consciousness and eventually died.

The grand jury’s decision means that Manhattan District Attorney Alvin Bragg will be able to face trial, where Penny, if convicted, could face up to 15 years in prison.

Daniel Penny was indicted by a grand jury in Manhattan on Wednesday afternoon

A GiveSendGo for Penny's legal fund raised more than $2.8 million

A GiveSendGo for Penny’s legal fund raised more than $2.8 million

Lawyers for Penny have argued that their client acted in self-defense. Neely, who had previously been arrested some 40 times, is said to have yelled, yelled and threatened other passengers on the F train, according to eyewitnesses.

a Enter SendGo campaign to fund Penny’s legal defense has raised more than $2.8 million.

Lawyers for Penny have argued that their client acted in self-defense.

The city’s medical examiner ruled the death a homicide, saying Neely died from “compression of the neck.”

After the troubled homeless man’s death, Neely’s family has pushed for Penny to be charged with murder.

Neely, who was homeless at the time of his death, had an extensive documented history of mental health problems.

It is not clear which relatives he had contact with before he died.

He had previously been arrested for violent incidents on the subway, although it is not known if any of those arrests led to any convictions.

Last weekend, Penny said in a video statement that he wasn’t trying to kill Neely when he grabbed him, but that he also couldn’t allow himself to remain passive while Neely threatened fellow passengers.

“It’s a common misconception that Marines don’t get scared. We actually learned that one of our core values ​​is courage, and courage is not the absence of fear, but how you deal with fear,” he said in a video released Sunday.

“I was scared for myself, but I looked around, there were women and children, he was screaming in their faces as he made these threats. I just couldn’t sit still.’

Penny gave a detailed account of what happened on the subway. He said, “The man (Neely) stumbled on, turned out he was on drugs, the doors closed, and he ripped off his coat and threw it at the people sitting to my left.”

He said he took off his headphones while listening to music when he heard Neely scream in what he thought was a “scary situation.”

“The three main threats he repeated over and over were: I’m going to kill you, I’m willing to go to prison for life, and I’m willing to die,” Penny said.

At one point, Penny felt he could no longer sit and do nothing, echoing an interview he gave earlier recently in which he cited a school lecture by author Elie Wiesel. He added that the entire interaction lasted less than five minutes.

Penny went on to describe the encounter, saying, “You can see in the video that his chest clearly rises and falls, indicating he’s breathing. I’m trying to stop him from carrying out the threats.’

Jordan Neely, 30, is held in a chokehold by a fellow passenger on a subway train on May 1

Jordan Neely, 30, is held in a chokehold by a fellow passenger on a subway train on May 1

The former Marine also discredited his behavior as racist, saying: “Some people are saying this was about race, which is absolutely ridiculous.

“I have not seen a black man threaten passengers. I saw a man threaten passengers, many of whom were people of color.

“A man who restrained Mr. Neely was a person of color.

“And a few days after the incident, I read in the papers that a woman of color came out and called me a hero.”

Penny, a Long Island resident, thanked those who support him and donated to his legal fund.

‘As a student I had two jobs. My family doesn’t run out of money, so I’m incredibly grateful for this fund and all the people who have supported me,” he said.