A former US Marine has been indicted on a charge of second degree manslaughter over the subway chokehold death of Jordan Neely.
A New York grand jury voted on Wednesday to indict Daniel Penny, an ex-sergeant, over the killing of Mr Neely in Manhattan, according to local media reports.
Bystanders recorded Penny, 24, putting Mr Neely, 30, in a chokehold on 1 May this year as they rode on an F train.
Mr Neely, a homeless former Michael Jackson impersonator who has battled mental illness, had been shouting about how hungry he was and how he was willing to return to jail or die, eyewitnesses said.
Penny has said he did not intend to kill Mr Neely and he acted to defend himself and other passengers on the train.
Jordan Neely
Pic:Mills & Edwards LLP
However, witnesses claim Mr Neely did not physically threaten or attack anyone before Mr Neely allegedly grabbed him.
The incident, which happened around 2.27pm, was filmed by freelance journalist Juan Alberto Vazquez and shared online.
Mr Vazquez told the New York Post that Mr Neely was screaming “in an aggressive manner” and complaining of hunger and thirst.
Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/TNS)
Mr Neely did not physically attack anyone, he said, adding the veteran approached the man after he threw his jacket to the ground.
Mr Nealy was found unconscious by police after the train stopped and was taken to hospital where he was declared dead.
His death was ruled as homicide by a medical examiner in New York City – sparking violent protests.
There have been protests in New York since Mr Neely’s death
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Grieving relatives and loved ones bid a final farewell to Mr Neely at a funeral on 19 May.
Representatives for Mr Neely’s family accused Penny of feeling “entitled” to kill and criticised him for expressing no remorse.
Mr Neely’s father, Andre Zachery, told the New York Daily News he had not seen his son in four years.
He said Mr Neely’s mother, Christie Neely died violently. She was strangled in New Jersey in 2007, according to news reports at the time. Her body was found days later in a suitcase on a street.
Mr Neely, who was 14 when she died, gave evidence against his mother’s boyfriend at his murder trial.