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A grand jury in New York City has now officially indicted marine veteran Daniel Penny in the chokehold death of a homeless man.

Penny was captured on video placing homeless subway performer Jordan Neely in a chokehold in May of this year. Penny has been indicted on one count of negligent homicide and one count of second-degree manslaughter.

Penny has claimed that he had not intended to kill Neely and that he went to great lengths to ensure that Neely would recover.

The two men got into an altercation on a New York City subway train after Neely was allegedly harassing other passengers. According to Penny and other witnesses, Neely was threatening to kill passengers and stated that he was not afraid to go to jail. Penny, as well as several others, then restrained Neely while waiting for the arrival of police.

Neely was reportedly unconscious by the time officers arrived at the scene. Penny has denied accusations that the incident was racially motivated.