Exactly one month after Jordan Neely was killed on an F train, a grand jury is deciding whether to indict former Marine Daniel Penny in his death.
A medical examinerPenny's lawyers have said that he is prepared to testify before the grand jury, but no decision has been made. It is unusual for criminal defendants to testify to a grand jury, but his lawyers are considering whether Penny explaining his actions would avoid an indictment.
A grand jury will have to consider whether Neely posed a threat to the safety of other passengers and if Penny used excessive force.
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