A grand jury in Manhattan reportedly could be convening this week to learn more about the death of Jordan Neely and determine whether to return a bill of indictment in the case, potentially paving the way for criminal proceedings to begin.
Neely died on Monday, May 1, after being placed in a 15-minute-long chokehold on a subway train by a man who police have identified as former Marine 24-year-old Daniel Penny.
The grand jury would have to decide if criminal conduct was present as they weigh charges. For the grand jurors not to indict Penny hinges on if Penny was using deadly force to protect his life or the lives of others around him while believing Neely was exerting the same type of force.
Videos that have circulated online since last week caught Penny on camera choking Neely and also show Neely falling unconscious. Witnesses who were on board the subway car at the time reported that Neely was acting erratically when he entered the train and yelling about not having anything to eat or drink. People reported that he appeared to be experiencing a mental health crisis.
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Investigators questioned Penny after the incident but let him go. A day after Neely died, a medical examiner ruled his death as a homicide.
The Manhattan District Attorney’s Office has put senior investigators on the case.
Remarking on the investigation, the press secretary for the DA’s office, Douglas Cohen, commented, “This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life. As part of our rigorous ongoing investigation, we will review the [medical examiner’s] report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.”
An attorney for a Bronx-area public defender office told The New…
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