Daniel Penny, a Marine veteran who used a chokehold to restrain and ultimately kill Jordan Neely, a mentally ill homeless man who was harassing and threatening other riders on a subway train in May, has now been formally indicted on criminal charges by a Manhattan grand jury.

According to a New York Post op-ed, the criminal indictment of Penny is just as much a non-criminal indictment of Manhattan District Attorney Alvin Bragg in that it exposes a true dilemma for New York City residents created in large part by Bragg's progressive policies.

The outlet noted that, under Bragg, when it comes to individuals acting in self-defense in the Big Apple, "You can be damned if you do, but maybe dead if you don’t -- and you can never know which in advance. Do you risk it?"

Grand jury indictment issued

ABC News reported that Penny was arrested shortly after the fatal incident on the subway and was initially charged by DA Bragg with second-degree manslaughter over the death of Neely.

A "thorough investigation" of the incident continued, however, and Bragg's office presented evidence to a Manhattan grand jury, which has now returned a formal criminal indictment against Penny.

It is unclear what the grand jury has charged Penny with, however, as the indictment will remain sealed until an arraignment hearing set for June 28.

Neely family supports indictment, Penny attorneys say actions were justified

NBC News reported that attorneys representing Neely's family issued a statement in response to the indictment of Penny and said that it was "the right result for the wrong he committed" in taking Neely's life on the subway train.

The family's lawyers added, "Daniel Penny did not have the right to be the judge, jury, and executioner."

According to the Associated Press, the attorneys for Penny also issued a statement that said, "While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing."

"We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified," they added.

Penny's vigilantism a direct result of Bragg's policies

In the New York Post's op-ed, it was noted that DA Bragg has contributed to the rise of crime on the public streets and subways in New York City with his progressive policies that fail to hold criminal actors fully accountable for anything less than the worst sorts of violent behavior.

That, in turn, has resulted in "a recipe for vigilante violence" by regular non-criminal New Yorkers in search of accountability and justice for unpunished wrongdoers, if not simply for the safety of themselves and others who have been failed by prosecutors and the police.

"When a city’s public spaces are ceded to the addled and addicted, what happens next -- unpredictable violence -- is inevitable," the op-ed stated. "So now Daniel Penny is in the dock. But he’s not the only one who belongs there -- if, indeed, he even does. Alvin Bragg needs to look in the mirror."

If Penny is ultimately convicted on the presumptive second-degree manslaughter charge, he could face up to 15 years in prison for his decision to take action in the absence of legal authorities that have been constrained or turned on its head by DA Bragg.