• Daniel Penny, 24, was indicted Wednesday afternoon by a Manhattan grand jury 
  • The indictment will allow DA Alvin Bragg to proceed to trial where prosecutors will argue that Penny committed second-degree murder

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

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

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

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

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