New York, New York - The former Marine who choked a homeless street performer to death while aboard an NYC subway will face an indictment.

A grand jury voted on Wednesday to indict Daniel Penny (24) for the death of Jordan Neely (30), according to Reuters. Penny is now facing up to 15 years in prison.

On May 1, Penny administered a chokehold on Neely for several minutes while aboard an F train in Manhattan after he claimed the homeless man threatened other passengers with violence.

Initially, Penny was allowed to leave the scene of the crime, but was later arrested on May 12 and released on a $100,000 bond.

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Penny has since defended his actions, denying that he meant to kill Neely, but arguing that he feared for his and the safety of others.

"I was scared for myself, but I looked around there were women and children. He was yelling in their faces saying these threats," he said. "I just couldn't sit still."

The incident sparked widespread protests and debates about racism, homelessness, and support for mental illness. While pundits on the right have declared Penny as a martyr and hero whose actions were justified, many on the left argue Neely's life was, and remains to be, seen as not important.

Prosecutors are seeking to charge Penny with second-degree manslaughter, while the Neely family has requested the charge be upgraded to murder.

The charges Penny will face will be revealed when he returns to court at a later date.