A Manhattan grand jury has voted to indict Daniel Penny, the retired US Marine who held Jordan Neely in a fatal chokehold on the New York City subway, according to a source with knowledge of the case.

Penny was indicted on second-degree manslaughter charges.

[Ham sandwich time. That’s all this is. The witnesses supported Penny’s actions and if the trial jury has any subway riders on it, he’ll never get convicted. — Ed]