Daniel Penny's Chokehold Death Case Goes Before Grand Jury: Report

NEW YORK CITY — A grand jury began hearing evidence in the case against Daniel Penny, the former Marine who put Jordan Neely in a 15-minute fatal chokehold on a subway train, according to a report.

Manhattan prosecutors look to secure an indictment against Penny, ABC News first reported.

The proceeding could end with Penny facing a stiffer charge than the second-degree manslaughter count that prosecutors leveled against him last month.

Penny pleaded not guilty to the charge during his May 13 arraignment. He subsequently told the New York Post that Neely's death was "tragic" before saying he'd take action again in a similar situation.

“And I would — if there was a threat and danger in the present …,” he told the Post.

Neely was a well-known Michael Jackson impersonator with a history of mental health issues. He crossed paths with Penny on board an F train May 1 in an encounter that has been the subject of controversy.

Penny's attorneys maintain that Neely had been acting erratically and threatened people on the train, which prompted the former Marine to take action.

But many others who have watched the since-viral video showing Penny hold Neely by the neck for several minutes before the troubled man went limp have questioned the former Marine's actions.

Neely's parents have said Penny carried out a "character assassination" on their son.

"The truth is, he knew nothing about Jordans [sic] history when he intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing," they wrote in a statement.