A former US Marine has been indicted on a charge of second degree manslaughter over the subway chokehold death of Jordan Neely.
A New York grand jury voted on Wednesday to indict Daniel Penny, an ex-sergeant, over the killing of Mr Neely in Manhattan, according to local media reports.
Bystanders recorded Penny, 24, putting Mr Neely, 30, in a chokehold on 1 May this year as they rode on an F train.
Mr Neely, a former Michael Jackson impersonator who has battled mental illness, had been shouting about how hungry he was and how he was willing to return to jail or die, eyewitnesses said.
Penny has said he did not intend to kill Mr Neely and he acted to defend himself and other passengers on the train.
However, witnesses claim Mr Neely did not physically threaten or attack anyone before Mr Neely allegedly grabbed him.