Grand Jury To Determine If Ex-Marine Will Face Charges For Choking NYC Subway Performer To Death

A grand jury will soon determine if criminal charges will be filed against a former Marine who choked a subway rider to death.

The case will likely go before the jury next week, leaving the fate of 24-year-old Daniel Penny in the balance. On May 1st, Penny was filmed putting Jordan Neely in a chokehold on a northbound F train floor on a New York City subway. According to Penny and other witnesses, the well-known street performer was acting erratically in the subway car, allegedly throwing trash and yellng. Instead of ignoring Neely, who had not threatened anyone specifically and did not have a weapon, Penny took it upon himself to restrain the man. He placed the 30-year-old in a chokehold until the man passed away. Penny was questioned and released from custody.

While the fact that Neely was choked to death is being treated as a homicide, the grand jury must decide if Penny planned to kill him. Detectives claim they’ve been unable to determine if Penny was trying to restrain Neely or kill him, even though his training as a Marine would have taught him that this restraint could be deadly, especially when being conducted for 15 minutes. The Manhattan District Attorney’s Office confirmed that they are still conducting interviews and will review the autopsy report to conclude what actually killed him.

Protesters and activists have called on the city to better address the homeless and mentally ill population. They are also demanding charges be filed against Penny. Neely was known around the subway for performing like Michael Jackson. He did have documented mental health issues following his mother’s murder nearly a decade ago.