Already arraigned for a manslaughter charge and let out on bail, Penny is believed to face one charge of second-degree manslaughter, which carries a maximum sentence of 15 years in prison, and another charge of criminally negligent homicide, which carries a four-year sentence. However, the charges will remain sealed until his arraignment on June 28.
“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely,” New York City Mayor Eric Adams said on Wednesday. “Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward.”
After the grand jury handed down its decision on Wednesday, Penny's attorneys said they would "aggressively defend" their client.
"While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We're confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny's actions on that train were fully justified," attorney Steven Raiser told the press.
Immediately before, Neely, who was chronically homeless, had been yelling on the train about his frustrations with being hungry and unhoused. He was believed to be suffering from a mental illness. After Penny tackled Neely and put him in a chokehold, he held Neely there for more than four minutes until Neely’s body went limp. Footage and testimonies from the scene showed Penny held Neely in the position for another 50 seconds.
Such incidents have repeatedly sparked protests in the US in recent years, especially when the deaths happen at the hands of police officers, such as those that sparked the nationwide uprisings of May and June 2020. Protests have also followed what members of the public widely viewed as unjust court outcomes, such as the “White Night Riot” in May 1979 after Dan White, a former San Francisco supervisor and a Catholic, was handed a light sentence for assassinating Mayor George Moscone and Harvey Milk, a gay Jewish city supervisor.
"Appears Mr. Penny's media tour these last few weeks was ineffective,” said civil rights activist Rev. Al Sharpton, who eulogized Neely at his funeral, after the indictment was announced. “We wish the charge would have reflected what this really was. Murder.”