Daniel Penny was indicted on Wednesday in connection with the death of Jordan Neely on a New York subway. A Manhattan-based grand jury returned the decision, and the charges are expected to include manslaughter, which Penny was initially arrested for in May.

BREAKING: A Manhattan grand jury has indicted former U.S. Marine Daniel Penny in connection with the chokehold death of Jordan Neely aboard a subway train.@TheBuckEsq has more. pic.twitter.com/ufGBVJAl9N

— ABC News Live (@ABCNewsLive) June 14, 2023

Penny has maintained his innocence, asserting that he was just trying to restrain Neely to protect others in the subway car. Neely was reportedly shouting death threats and acting aggressively toward passengers when Penny engaged him. No evidence of racial animus has arisen despite assertions to the contrary.

In a preemptive response to the grand jury decision, Penny released a video explaining his side of the story on Monday.  He detailed the encounter, how long it lasted, and what his motivation was for engaging Neely.

Daniel Penny is a hero.pic.twitter.com/3EYtithrac

— Michael Knowles (@michaeljknowles) June 12, 2023

Penny will now fight for his freedom, though a conviction may not be a certainty despite Manhattan being such a hostile jurisdiction. Several passengers on the train have already spoken out to support him, confirming they did fear for their lives, and eye-witness testimony will likely play a key role in the trial.

This should be a major story and the headlining example of our broken justice system. Unfortunately, support for Penny will likely fade because he isn’t a high-profile figure. But make no mistake, the right to self-defense and to protect others from harm is on trial. We should all care about that.