NEW YORK (1010 WINS) — A grand jury on Wednesday indicted Daniel Penny, the 24-year-old man who allegedly choked a homeless man to death on a Manhattan F train.
Jordan Neely, a 30-year-old Michael Jackson impersonator, was yelling at riders that he didn't have any food when he was attacked by the former marine, but he had not assaulted anyone, according to witnesses.
The New York City Medical Examiner's Office ruled Neely’s death a homicide and identified the cause of death as “compression of the neck.”
Penny faces manslaughter charges for the attack. Now that he's been indicted, the case will go to trial and a jury will determine whether he is guilty or innocent.
“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," said Steven Raiser, one of Penny's attorneys, after the indictment. "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."
Penny could serve up to 15 years in prison if convicted.
He is currently free on $100,000 bail after right-wing groups across the country rallied to raise legal funds for him.
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