


A Manhattan grand jury could be convened as early as next week in the fatal subway chokehold of Jordan Neely, The Post has learned.
Marine Daniel Penny, 24, was identified as the man caught on video putting Nealy, 30, into a headlock for minutes on an F train at a Lower Manhattan subway stop on Monday afternoon.
Penny was taken into custody briefly but released without charges with the police saying they would wait for the Medical Examiner’s autopsy before deciding whether to bring a criminal case against the West Islip infantry squad leader.
A grand jury could be called by the Manhattan District Attorney’s Office as early as next week to determine whether to indict Penny, a law enforcement source told The Post.
The DA’s office said Wednesday that “senior, experienced prosecutors” were carrying out a “rigorous” probe of the tragic incident. The office said it will review the ME’s report, video and interview witnesses as part of the investigation.
The office declined to comment further Friday.
The incident began when Neely — who struggled with mental health issues since his mother’s murder over a decade ago — started ranting on the train, including threatening passengers and throwing trash at them, while asking for food.
Neely then screamed he was “fed up” and said he didn’t “care if I go to jail, and if they give me life in prison,” police and witnesses said.
Penny — who was in the Marine Corps from 2017 to 2021 — then put Neely into a chokehold for several minutes causing him to lose consciousness.
Penny’s criminal defense attorney didn’t immediately return a request for comment.