A New York City grand jury could start to weigh evidence this week of a possible crime in the subway chokehold death of Jordan Neely, 30, The New York Post reported on May 5, citing information from an unnamed law enforcement source.

Cell phone video shows Daniel Penny, a 24-year-old White Marine Corps veteran, applying a chokehold around the neck of Neely, a reportedly mentally ill and homeless Black man, on May 1 aboard a train in a Manhattan station.

The Manhattan D.A.’s office was said to be conducting a “rigorous” probe of the incident, according to the Post and will examine the New York City Medical Examiner’s report, video and witness statements.

Attorney Thomas Kenniff, who represents Penny, told Fox News that he was unaware of a possible grand jury meeting. "We have no information as to the status of the investigation and no information indicating that the grand jury will be considering evidence in this matter," Kenniff said.

Neely lost consciousness and died in what the city’s medical examiner’s office has ruled a homicide caused by compression of the neck. The police questioned Penny but didn’t charge him with a crime in their ongoing investigation.

Penny’s lawyers said he was acting in self-defense while protecting other passengers from Neely’s allegedly aggressive behavior. But attorneys for Neely’s family and throngs of protesters said Penny should be arrested, calling Penny’s position “a character assassination, and a clear example of why he believed he was entitled to take Jordan's life.”

“It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message,” said attorneys Donte Mills and Lennon Edwards in a statement. “He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."

Manhattan District Attorney Alvin Bragg presumably would have to prove that Penny used deadly force without believing that Neely was also using deadly force or was about to, according to The New York Times.

As it stands, law enforcement has so far given Neely the benefit of the doubt. Public defenders say the NYPD typically makes an arrest in these cases while they sort out exactly what happened.

“Police and prosecutors almost never apply the level of scrutiny to cases that they are extending in this instance,” Eli Northrup, the policy director for the criminal defense practice at the Bronx Defenders, told The Times. “The practice is to arrest and charge first, ask questions later, especially when the person being arrested is Black, brown or poor.”