The case against the Marine veteran charged in the chokehold death of a homeless man aboard a New York City subway train is now before a grand jury, sources familiar with the matter told ABC News.
Daniel Penny, center, is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023, on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely.in the chokehold death of a homeless man aboard a New York City subway train is now before a grand jury, sources familiar with the matter told ABC News.
Prosecutors are currently trying to secure an indictment after Daniel Penny, 24, was charged with second-degree manslaughter last month in the death of Jordan Neely, 30. Daniel Penny, center, is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023, on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely.Penny's lawyers have said the veteran is prepared to testify before the grand jury but no decision had been made.
It is unusual for criminal defendants to testify at the grand jury but, in this case, his lawyers have been considering whether Penny could head off an indictment by explaining his actions. "Any speculation regarding a client's intent to testify at this stage would be premature," Steven Raiser, part of Penny's legal team, said on May 26.putting Neely in a chokehold on May 1 for several minutes following outbursts from Neely on an F train.The maximum penalty for second-degree manslaughter is 15 years in prison.
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