NEW YORK (NEWSnet/AP) — A man charged with manslaughter for putting an agitated New York City subway rider in a fatal chokehold has been indicted by a grand jury.

Daniel Penny was charged by Manhattan prosecutors last month in the May 1 death of Jordan Neely, a man who struggled in recent years with homelessness and mental illness.

Grand jury proceedings are secret and spokespeople for Manhattan District Attorney Alvin Bragg declined to comment Wednesday, but the indictment was confirmed by New York City Mayor Eric Adams.

Neely was shouting at passengers and begging for money when Penny pinned him to the floor of the moving subway car with the help of two other riders.

A witness told CNN that Neely had been acting "erratically" before the incident but hadn't attacked anyone.

Penny, a former U.S. Marine, then held Neely in a chokehold that lasted more than three minutes.

Penny, 24, was released on $100,000 bond following his May 12 arraignment. He will need to return to court to be arraigned on the new indictment.

Under New York law, prosecutors needed a grand jury indictment to move forward with the case.

If convicted, Penny could face years in prison.

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