The investigation into Neely's death is ongoing. A grand jury would determine whether criminal charges are warranted, according to the sources.
The 24-year-old man pictured with Neely in a chokehold has been identified as Daniel Penny. Attorneys for Neely's family told ABC News police have confirmed Penny's identity to them. Police confirmed Neely lost consciousness after the physical struggle. Neely was rushed to Lenox Hill Hospital, where he was pronounced dead.
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