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.

Penny surrendered to police last month to face a second-degree manslaughter charge. He has since been out on bond.

Penny held Neely, a homeless man and street artist, in a chokehold on the subway train May 1 after Neely began shouting at passengers that he was hungry and thirsty and didn't care if he died. Penny forced 30-year-old Neely to the train floor and restrained him in a chokehold until he stopped breathing. A medical examiner ruled Neely's death a homicide.

CNN has reached out to Penny's attorneys and the lawyers representing Neely's family.

This is a developing story and will be updated.