BREAKING: Daniel Penny indicted in death of Jordan Neely

Law enforcement sources told Fox News that the grand jury indicted Penny on at least one of the charges.

According to the New York Post, the exact charges will not be unsealed until a later court date. Penny was initially arrested and charged with second-degree murder.

Penny allegedly placed Neely in the chokehold after Neely threatened passengers on an uptown F train on May 1, according to eyewitness accounts. The former Marine also placed Neely in the recovery position after to make sure he was still breathing.

One witness said that Neely had been threatening violence against the train car passengers, saying "he said, 'I don’t care. I’ll take a bullet. I’ll go to jail' because he would kill people on the train. He said 'I would kill a montherf*cker. I don’t care. I’ll take a bullet. I’ll go to jail.'"

Penny spoke out over the weekend about the day, saying that he was "trying to protect passengers" from Neely.

"He appeared to be on drugs," Penny said. "The doors closed and he ripped his jacket off and threw it at the people sitting down to my left. I was listening to music at the time and I took my headphones out to hear what he was yelling.

"The three main threats that he repeated over and over were 'I'm going to kill you,' 'I'm prepared to go to jail for life,' and 'I'm willing to die."

Penny said it was "a scary situation," and that he was "scared for himself," but that looking around at the women and children on the train, he "couldn't just sit still."

"Some people say that I was holding onto Mr. Neely for 15 minutes. This is not true," Penny said. "The whole interaction was than less than five minutes. People say I was trying to choke him to death, which is also not true. I was trying to restrain him."

"You can see in the video there's a clear rise and fall of his chest, indicating that he's breathing. I was trying to restrain him from being able to carry out the threats," Penny said. "Some people say that this was about race, which is absolutely ridiculous. I didn't see a black man threatening passengers. I saw a man threatening passengers. A lot of whom were people of color."

"The man who helped restrain Mr. Neely was a person of color," Penny explained. "A few days after the incident, I read in the papers that a woman of color came out and called me a hero. I don't believe that I'm a hero, but she was one of those people that I was trying to protect."

Penny said that he never meant for Neely to die, adding he "was praying that the police would come and take this situation over."

"I didn't want to be put in that situation but I couldn't just sit still and let him carry out these threats," Penny concluded.

Speaking out in late May, Penny said the incident "had nothing to do with race."

"I judge a person based on their character. I’m not a white supremacist," Penny said. "I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened."

Neely was a homeless man who had been arrested more than 40 times, including for numerous assaults on subway passengers.

One passenger called Penny a "hero," adding that "It was self-defense, and I believe in my heart that he saved a lot of people that day that could have gotten hurt."

The woman slammed Bragg’s decision to bring forth charges against Penny as well as politicians like Alexandria Ocasio Cortez for "jumping up and down and feeling all this venom" toward Penny, saying, "There was AOC saying that this gentleman was lynched. Why would she do that? She's supposed to be for all people."

A fundraiser for Penny’s legal fees was set up through GiveSendGo, and has raised $2.8 million.

"I hope that they raise more because it’s going to cost a pretty penny, no pun intended, to get this young man justice," the woman said.

This is a breaking story and will be updated.