and now that has indicted daniel penny, a trial l and justice can move forward. >> penny is out on bond after being charged by manhattan prosecutors for second degree manslaughter in the chokehold death of jordan neely. now, in the state of new york, second degree manslaughter is defined as class c felony and carry a maximum of 15 years in prison. the decision comes weeks after the deadly confrontation on the new york city subway. penny's lawyer says his client thought neely posed an immediate and possibly deadly threat to everyone on that train car. listen. >> in new york state, you don't have to wait until someone physically attacks. you don't have to wait until somebody is lying on the ground or worse. the standard is whether a reasonable person in my client wants position would have feared-would have feared imminent harm. >> ashley: another defense attorney for penny responding to the indictment with a statement saying in part 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. penny hi

secret, but this grand jury has been considering evidence and listening to witness testimony in the daniel penny case since may 31, a 23-person grand jury. deciding not whether penny is guilty or not guilty, but rather legally sufficient evidence of a crime and reasonable cause to believe that penny committed that crime. in this case, they are considering whether to indict penny on second degree manslaughter charges. the bar is low in the grand jury process, 12 people on the 23-grand jury need to vote yes for the case to move forward. manhattan district attorney alvin bragg believes they have evidence that he caused the death of jordan neely by holding him in a chokehold even after he stopped moving last month. the key witness testimony will no doubt be from on board that subway train. one 66-year-old woman called him a hero, but another man believes he went too far, so did the police for not arriving on time. his attorneys were to allow to him to testify, but he did not testify. we put the clips on which the marine veteran defends himself, saying he and fellow passengers were scared of neely an

it's crunch time in the daniel penny case.es against the marine veteran in the choke hold death of jordan neely on the subway are about to be unsealed in miss arraignment. a live picture outside the courthouse waiting for him to show up. bryan llenas with the latest. >> good morning. daniel penny will be arraigned for the second time in as many months at 10:00 a.m. this morning at manhattan criminal court after a grand jury two weeks ago indicted penny on second degree manslaughter charges for the choke hold death of jordan neely on board a new york city subway train on may one. if convicted, penny faces up to 15 years behind bars. now the indictment is sealed. but the "new york post" reports penny will face an additional charge today of criminally negligent homicide which has a maximum penalty of four years. in court today a judge will read the charges to penny and the 24-year-old will enter a guilty or not guilty plea. penny is free on $1 hundred thousand bail. his bail terms could be reconsidered today by the judge. we shou

quote: we're confident when a trial jury is tasked with weighing the evidence, they will find daniel penny's actions on that train were fully justified. penny himself spoke out about the indictment earlier this week. >> the three main threats that he preeted over and over was i'm going to kill you; i'm prepared to go jail for life; and i'm willing to die. i was scared for myself but i looked around he was yelling in their faces saying these threats, i couldn't sit still the whole interaction lasted less than five minutes. some people say i was trying to choke him to death which was also not true. i was trying to restrain him. >> still unclear when penny will next appear in court. back to you. >> steve: todd, thank you very much. you know, apparently, according to the new york daily news, this grand jury was seated and started hearing witness testimony two weeks ago it is unclear whether mr. penny appeared before the grand jury. although it would make sense that he did not because his attorneys on monday put out the videos where he essentially made his defense. the big question. >> ainsley: t

that was when 24—year—old former us marine by the name of daniel penny crossed paths with a 30—year—old and that he intervened on the other passengers behalf as well as his own, and grappling with jordan neely and bringing him to the floor of the train. video footage shows daniel penny and two other passengers grappling withjordan neely, grappling with jordan neely, and grappling withjordan neely, and that subway train, before his body goes limp. now the footage sparked outrage in the two protests across new york. the new york police department interviewed fellow passengers on the train, and arrested daniel penny on the grounds of manslaughter. now a grand jury has decided that daniel penny should stand trial, in connection with the death of jordan neely. daniel penny maintains he did not intend to killjordan neely, but new york detectives believe that although detectives believe that althouthordan neely may have been using threatening language he did not sickly attack anybody. muddying the waters here, is the fact that daniel penny is white and jordan neely is black. daniel penny denie

>> jesse: he didn't call himself a hero. >> greg: i'll call him a hero. >> katie: i would give daniel penny if i was on that train. >> dana: there's one more thing. there were two people who assisted penny at the time. where they witnessed as the grand jury? are they going to be charged, as well? >> katie: we don't have the details of what the grand jury decided but we have not heard that they are also being charged as accessories to this situation. you know, jordan neely died as a result of his behavior. he died because he was on the train threatening to kill people and people like daniel penny decided and the two others that they were not going to be the ones who were victims of that and they were not going to allow innocent women, possibly children, elderly people on that train to be victims of what he was threatening to do. and now he is being punished for it. and it is interesting to watch the argument play out and how the left sees heroes in jordan neely and giving people some kind of pass for this kind of violent behavior because they are mentally ill or had a tough life, and that is

marine vet daniel penny indicted on second-degree manslaughter charges in the death of jordan neely lastmonth. >> ainsley: penny says he acted in self-defense after jordan neely said he was going to kill him. >> brian: todd piro will break it down. >> todd: the indictment is under seal, the da is expected to announce his indictment this morning. new york mayor eric adams saying, i appreciate da alvin bragg conducting a thorough investigation, i have the utmost faith in the judicial process and the grand jury has indicted grand jury, a trial and justice can move forward. penny has been out on bond after being charged by manhattan prosecutors in the choke-hold death of jordan neely. in new york, second degree manslaughter could carry maximum of 15 years in prison. penny's lawyer says his client thought jordan neely posed immediate and possible deadly threat to everyone on the train car. >> the standard in new york state, you don't have to wait until someone physically atacts, you don't have to wait until someone is lying on the ground or worse, the standard is whether a reasonable person w

it's not daniel penny's fault.supposed to be victims of deranged maniacs on the subway and on the streets of new york because the city won't do its job because leftists have made sured that the nypd have both hands tied behind their backs and you can see police really just looking at their phones and not arresting anyone, not acting as a deterrent. major adams talks a good game. he says the right things. but there's not much evidence that there's any follow-through. >> martha: unfortunately when there's no police on the train, people are forced to protect the other people around them. then they take their own future in their hands by doing so. it's a terrible situation. it's a gotham-like situation that we find ourselves in. thanks, miranda. great to have you with us. see you sign. miranda devine. secretary blinken is about to take probably the most important trip of his time as secretary of state. he's headed to china. he's already received push-back and backlash from officials in beijing basically scolding him an

there is a major update in the daniel penny case. a grand jury indicted the marine on one charge of second degree manslaughter. whether neely posed a threat to the safety of other passengers and if penny used excessive force to subdue him. >> good morning. a grand jury deciding there is sufficient evidence to move forward with charging daniel penny. the 24-year-old will head to trial facing the prospect of up to 15 years behind bars if found guilty. the marine veteran is accused of recklessly causing the death of 30-year-old jordan neely after penny held him in a choke hold on may one. penny says he put neely in a choke hold after he made violent threats to passengers on board the train that scared everyone. penny says he was acting in self-defense and tried to restrain neely until police arrived. penny's attorneys say they will aggressively defend their client and confident a trial jury will find his actions justified. >> the standard is whether a reasonable person in my client's position would have feared -- would have feared immin

also the first lady to complain on that train that day and actually credited daniel penny with savingrican-american female. al sharpton what do you say to that two black people involved in that incident that back and the penny. but this is what we do, we make everything race because the truth is they don't want to hear the truth. daniel penny, brian kilmeade, is a hero not a criminal. >> brian: and the next time someone sees something going wrong and there's no cops around how many will put their hands on somebody to save somebody else when this could happen, your life could be ruined, your family's lives could be ruined, your career goes on hold and now you have to face a beganed jury. sid rosenberg, thanks so much. >> thank you, bruin. i have to tell you i'm one of those guys. i would try to help somebody, not today. not after this indictment. they tell you in new york city, don't help your fellow new yorkers, that's the saddest part of this story. >> brian: i understand and i agree. thanks so much sid. we move ahead. big tech companies like amazon are often the primary enforcers of

daniel penny held down jordan neely for several minutes after passengers say neely was, quote, acting shouted that he was hungry and didn't care if he went to jail. penny has been out to bond. "outfront" now, john miller, our chief law enforcement, and intelligence analyst breaking this reporting for us tonight, along with paul martin, criminal defense attorney and former prosecutor. john, i know you've been talking to a lot of people who know exactly what's happening here. what more are you learning about the charges penny faces? >> so the charges, manslaughter in the second degree, and that charge requires them to go into court and prove that he recklessly caused the death of another, and the reckless is defined as something that he did in this choke hold that a reasonable person would've known could've had a substantial risk of leading to the death of another. of course, from daniel penny's standpoint, his lawyer has called this a self-defense case. they're going to have to battle that out. >> paul, prosecutors are saying the incident, quote, and here's how they describe it. >> at

marine stands up, daniel penny and that's the case you are talking about and neely ends up dead in a straint. well, penny indicted just this week. we'll see where that case goes. it is interesting, that's the one that bubbles up, too, right? okay. the newly-formed jews against soros group says on its website now we're jews who are sick and tired of the left accusing anyone who criticizes george soros of being anti-semitic. there is nothing anti-semitic about identifying the many ways george soros and his network of organizations fund the radical left. leftism isn't judaism and being anti-leftist is not the same as being anti-semitic. period, a senior editor for "newsweek." the group's co-founder and joined our friend jason rantz's radio show. i will play it. >> it is not anti-semitic this ridiculous double standard the left has. soros is billions of dollars. his son visited the biden white house 17 times. his influence is everywhere. when you are playing at that level and you are spreading your wealth and money that far and wide you can be legitimately criticized no matter what your e

. >>> a grand jury in new york has indicted daniel penny. opini penny is facing a second degree manslaughter charge in the death of jordan neely. jessica cunnington has the latest >> reporter: just over a month after he turned himself in to police, daniel penny indicted by a manhattan grand jury on a second degree manslaughter charge in the subway chokehold death of jordan neely. >> we all saw someone get murdered on video, and that should lead to something like indictment >> reporter: neely was 30 years old, a subway performer who was homeless and battled mental illness since he was a teenager. on may 1st, witnesses say he got onto an f train, yelling about wanting food and threatening riders daniel penny says he was trying to protect himself and others and put neely in a chokehold one witness saying for 15 minutes. the medical examiner ruled neely's death a homicide >> a homeless man asking for food and water is murder >> reporter: short videos were released of penny defending his actions. >> i was trying to keep him on the ground until po

it's easy for the mayor to make that statement but what will change so daniel penny and jordan neely in the future are put in the situation? >> good morning. thank you for having me. it's so hypocritical. so disingenuous for the mayor al sharpton, williams, any of them to come out and make it, about this incident between mr. penny and mr. neely because the apparatus completely failed both of those men on the train. mr. penny should not have been put in that situation and mr. neely should have been in the hospital. he should have never been on that train threatening to kill people terrorizing innocent law-abiding taxpaying new yorkers on a train and mr. penny is white and mr. neely is black.[indiscernible] from the mayor, from al sharpton because it was a if it was a black on black crime, the passengers on that train. and he said we are going to. [indiscernible] for them because mr. penny is white and mr. neely is black. they don't care nothing about the innocent people or the victims in new york city. they are hypocrites, all of them. >> i would say there are other people involved in

an exclusive for daniel penny. right now the grand jury is deliberating whether or not they will indict him. we would find out any moment. >> i didn't see a black man threatening passengers. i saw a man threatening passengers. car loans can be expensive and the payments high. consolidate that car loan into a newday home loan and save hundreds every month. you can't always avoid migraine triggers like your next period. qulipta® can help prevent migraines. you can't always prevent what's going on outside... ...that's why qulipta® helps what's going on inside. qulipta® gets right to work. in a 3-month study, qulipta® significantly reduced monthly migraine days... ...and the majority of people reduced them by 50 to 100%. qulipta® blocks cgrp-- a protein believed to be a cause of migraines. qulipta® is a preventive treatment for episodic migraine. most common side effects are nausea, constipation, and tiredness. learn how abbvie could help you save on qulipta®. ♪ ♪ ♪ ♪ ♪ get 2.9% apr for 36 months plus $1,500 purchase a

sources tell us daniel penny has been indicted on second degree manslaughter charges. y is accused of killing jordan neely. it happened early last month after pinning him on the train floor and holding him in a choke hold until he stopped breathing. brynn gingras is joining us, what more do we know? >> we're waiting to hear when the district attorney, alvin bragg is going to announce the indictment and whether or not he's going to unseal the indictment before daniel penny heads to court when it will be unsealed otherwise. we know a lot about this case. a lot of this was on social media because there was video of at least part of what happened on the subway train. according to witnesses who tell cnn that jordan neely a street artist came onto the train and was homeless and started shouting about being hungry and thirsty and didn't care if he was going to die. daniel penny said he was disturbing others, threatening, and took it upon himself to, what he said and told in an interview, he was going to subdue neely until the police arrived, put him in the choke hold and it wa

carley: bring in brian craigpool, what are your thoughts on this indictment and what are the chance daniel penny will get convicted? >> carley, great to be with you. i'm not surprised by the indictment, that is lower standard issue just reasonable cause penny committed a crime. the manhattan da has a hard haul ahead. it will be really difficult for him to secure conviction in this case for two big reasons. number one, we live in dangerous times. i'm in l.a. and we had one teenage girl killed by a homeless person. she was getting off a bus, i'm sure the same danger in new york city. jurors view homeless people in a different way, more dangerous situation. penny's lawyer said, you can't wait until something to intervene. it will be hard for a conviction, daniel penny himself. you heard him speak. he'll be at forefront of this defense. he will testify and humanize what happened in the subway. he is very articulate, a former marine veteran and jurors will perceive him as a hero. >> todd: bigger picture, you eluded to it. what does this say about human instinct to defend yourself when attacked? to me

so, omar, that is what daniel penny's attorneys say, but what is going to happen in court today?t arrived about 30 seconds ago behind me going into the courthouse here to go in front of a judge. this will be the first time he's been in front of a judge after being officially indicted by a grand jury on second-degree manslaughter charges for the killing of jordan neely and as you alluded to, we've gotten glimpses into some of the defense here that daniel penny and his attorneys believe that penny did what he had to do in that moment to protect not just himself, but others in that subway car. his attorneys have gone so far that if this goes to a jury trial they feel very confident that his actions will come out as justified. take a listen to some of what daniel penny has said about that incident and about what he felt he needed to do in those moments. >> i knew i had to act, and i acted in a way that would protect the other passengers, protect myself and protect mr. neely. i used this hold to restrain him. i didn't want to be put in that situation, but i couldn't just sit still and

now two sources familiar with the matter tell nbc news 24-year-old daniel penny was indicted on seconder charges for the death of jordan neely. penny was arrested two weeks after neely's death after this incident sparked big protests. in new videos released by his lawyers over the weekend, penny tells his side of the story. >> i was scared for myself, but i looked around and i saw women and children. he was yelling in their faces saying -- saying these threats. i couldn't just sit still. >> neely's family says there is no excuse for what he did. let's bring in nbc news correspondent rehema ellis and civil rights attorney and former federal prosecutor charles coleman. so okay, this happened on may 1st. we saw an arrest on may 12th, now this indictment more than a month later. walk us through what we know. >> what we know is daniel penny was out on bond. he was able to post bond on that. we are hearing from his side, his side of the store are. you laid it out so well. in this videotape his attorneys released over the weekend, he said he was only trying to restrain jordan neely, not to ki

the lawyer saying daniel penny killed a man, he took a life. he too expressing confidence that justice will prevail. daniel penny was arrested nearly two weeks after the incident played out, and that delay led to a series of widespread protests that we saw throughout the city even shutting town subway systems. and this case has really been a lightning rod for issues like homelessness, crime, and race, yasmin. >> emilie ikeda for us, thank you. >>> up next, everybody, new details about that failed russian rebellion and who the wagner group's chief was aiming to capture. what president biden just told reporters this morning. >>> and i'll speak with the former u.s. ambassador to russia about that new reporting and why he says putin may soon be remembered as putin the weak. >>> also ahead, malaria in america, what you need to know about the first case of local transmission in two decades. we'll be right back. ♪upset stomach, diarrhea♪ pepto bismol coats and soothes for fast relief when you need it most. i need it cool at night. you trying to ice me

and you have obviously daniel penny as well.e just that one clip and we don't know how long the chokehold lasted because it starts right in the middle of it. were there other people there? what were the impressions of the people who were on the train? all of that's going to come out over course of a trial. and it could really change the context of this incident, which a lot of people feel like they understand fully. i would submit that maybe we don't yet. >> stephanie gosk, barbara mcquade, we're going to be talking about this again i'm sure. thank you both so much. we appreciate it. >>> the white house wants to take the surprise out of service fees. could a strategy of taking direct aim at voters' bottom line help biden in 2024? you're watching "chris jansing reports" only on msnbc. msnbc power e*trade's easy-to-use tools, like dynamic charting and risk-reward analysis help make trading feel effortless. and its customizable scans with social sentiment help you find and unlock opportunities in the market. e*trade from morgan sta

last night, neely's family released a statement saying daniel penny's indictment is the right result for the wrong he committed, adding penny did not have the right to be the judge, jury and executioner. penny is currently free on bond. he has not entered a plea just yet. we learned overnight about a new crackdown on fentanyl in hard-hit san francisco. our affiliate kgo reports. s the california highway patrol seized 4.2 kilos of the drug in one san francisco neighborhood in just the last six weeks. that is enough fentanyl to kill more than 2 million people. meanwhile, authorities say they busted an international drug syndicate that was smuggling methamphetamine in maple sirup. four shipments weighing more than six tons were seized on their way from canada to australia. and new zealand. women need not apply. that's the message from the southern baptist convention. after a major church in california made a push for women pastors. the decision could now have far reaching consequences. here's abc's andrea fujii this morning . no female pastors allowed and that's the ruling from the south

coming up, daniel penny is back in court today as he is arraigned in the subway chokehold death of jordanneely, what can we expect? >> brian: hundreds of parents in anding say in their kids' education. >> we demand. >> we will raise our children. >> we will raise our children. >> brian: amazing, how christian, muslim, and jewish parents are uniting to keep sexuality and gender out of their children's classrooms. ♪ ♪ listen, your deodorant just has to work. i use secret aluminum free. just swipe and it lasts all day. secret helps eliminate odor, instead of just masking it. and hours later, i still smell fresh. secret works! ohhh yesss. ♪ my active psoriatic arthritis can make me feel like i'm losing my rhythm. with skyrizi to treat my skin and joints, i'm getting into my groove. ♪(uplifting music)♪ along with significantly clearer skin... skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and is just 4 doses a year, after 2 starter doses. skyrizi attaches to and reduces a source of excess inflammation that can lead to skin and joint symptoms. with skyrizi 90% cle

and here death a h the hero, d daniel penny. and now, like new york does, they indicoeim.t him, said they said this what al sharpton said when they choke cd jordan they put their arm around all of us and essentially sayingly/k that this is a white black thing and that's what caused the riots inon t the streets and pressured alvin bragg to even put a grand jury in place.het an >> final thought? t >> well, of course, it's not a white black thing, because, as you know,ing beca one of thes along with daniel penny that we restrained, jordan neeley, brian warained hs african-amerin male, also the first lady, the first lady to complain on that train that day and actually credite daniel pdfe daniel penny with saving her life and african-american female al sharpton. what do you say to that?at t those are two black people involved in that incident, whicwoinvolvedh are back, danie. but this is what we dodo. this is what we do. we make the everything race bece the truth is they don't want to hear the truth. daniel, penndaennyiay brian kile

confirmed that a grand jury has indicted daniel penny.s the man you see here in this video taken last month, putting a chokehold on a homeless street performer named jordan neely who was later pronounced dead at a hospital. witnesses say that before this scene played out, neely got on the new york subway and began to shout at passengers that he was hungry, thirsty, and did not care whether he died. penny said that he moved to restrain neely because he feared for his safety and the safety of others. c cnn's brityn gingrass is here wh us. >> reporter: the manhattan district attorney confirming that an indictment has been returned except not saying what the charge is. although sources saying it is for a second-degree manslaughter charge. we're learning now daniel penny will be back in court in about two weeks and that is likely where the indictment unsealing will happen, and we might learn, but like you just said to the viewers, we have known about just based on the video and the police sources that was released after this incident last mont

while the exact charges won't be revealed until daniel penny appears in court at a later date, he initially faced manslaughter charges. just three days ago, penny's lawyers releasing video statements of penny describing that may 1st encounter with neely, who penny says began yelling and threatening passengers. >> the three main threats that he repeated over and over was, "i'm going to kill you, i'm prepared to go to jail for life, and i'm willing to die." >> reporter: penny adding he restrained neely to protect himself and others, but did not intend to kill him. >> i used this hold to restrain him, and i did this by leaving my hand on top of his head to control his body. you can see in the video, there's a clear rise and fall of his chest, indicating that he was still breathing. >> reporter: but prosecutors allege "at the point that the defendant releases his arm from mr. neely's neck, mr. neely appears to be unconscious." neely was pronounced dead at a hospital. his death ruled a homicide by compression of the neck by the medical examiner. penny's lawyering reacting tonight, saying they ar

. >>> and we're told daniel penny has been indicted, video of the confrontation made national headlines. the case highlighting issues of race, mental health and crime. could head to trial if penny pleads not guilty. rehema ellis is joining us. what are the arguments from both sides? >> well, both sides are saying understandably that their position is the correct position. from the family of jordan neely, they put out a statement which we have a full screen of it which i'll share but, it says daniel penny's indictment is the right result for the wrong he committed. the grand jury's decision tells our city and our nation that no one is above the law. this is what they have been saying all along. that without justice, there couldn't be any peace in this matter for the family. but daniel penny's attorney also released a video that he put out over the weekend saying in essence that there was no intent to kill jordanneely but trying to restrain him. take a listen. >> this was a scary situation. and mr. neely came on, he was threatening, i'm 6'2" and he was taller than me. i was scared for mys

. >>> in new york city, the former marine charged in the subway chokehold death, daniel penny, pleadingot guilty today in court. and what court records now reveal about the scene on that new york train. >>> tonight, the young new york city lawyer brought back to boston to face rape charges, and now we have learned of alleged attacks on four more women. what authorities have revealed about their widening investigation. >>> and there is breaking news tonight involving madonna and her health care. why she was rushed to the icu. and tonight, we've learned her upcoming tour has been postponed. >> david: good evening and it's great to have you with us here on a very busy wednesday night. we do begin tonight with the frightening scene today at one of the busiest airports in the country. the emergency landing at the charlotte airport. the delta pilots in the cockpit who got a computer signal that their front landing gear was unsafe. then flying by the air traffic control tower, where from the tower, it was confirmed that the landing gear was not down. passengers told to brace for impact. and th

and you are really going to have a tough decision, certainly to make as to whether or not daniel pennyly going to be convicted. it's tough. >> bret: already, mercedes, it is tough. thank you. sandra. >> sandra: a billion sparring match, latest in the battle between elon musk and mark zuckerberg and now they are actually practicing for it. ♪♪ ♪ the final countdown ♪ (vo) consumer reports evaluates vehicles for car shoppers in... reliability, safety, owner satisfaction, and road-test evaluations... and the results are in. subaru is the twenty twenty-three best mainstream automotive brand, according to consumer reports. and subaru has seven consumer reports recommended models. solterra, forester, outback, crosstrek, ascent, impreza, and legacy. it's easy to love a brand you can trust. it's easy to love a subaru. tired muscles and joints were keeping me from doing the things i loved most. not anymore. blue-emu gave me my freedom back. it supports healthy muscles and joints. blue-emu, it works fast, and you won't stink. that new neighbor is hot! that's my husband... it's the inspire implant

and for his part, daniel penny has told reporters that he's spoken to that he never intended to killely. he was holding him as he struggled until the arrival of police. >> the defense, i assume that mr. neely, the late mr. neely -- i mean, there are numerous violent acts in his past history. i assume that mr. penny will not be allowed to bring them up to show the potential for violence, given, you know, how this generally seems to work? >> well, that's an interesting question. there is a question as to whether they would have been able to bring them up if it were mr. neely on trial. but it's mr. penny on trial. so i believe his lawyers will go into the victim's past here and show that there was a past propensity for violence. on the other hand, the counterargument that at the moment he took action on that subway train, he had no way of knowing that. the core of the defense is going to be mr. neely's actions. witnesses will testify he was screaming "i don't care if i go to jail, i don't care if i go to jail for life." they were wondering what is he about to do that he could go to jail

daniel penny put him in a chokehold and he lost his life.you to hear what his attorney says that they should have done to the deranged 41-year-old aggressive attacker on the subway. he says this ways danny penny should have done. >> no one on that train asked jordan, what's wrong? how can i help you? he was choked to death instead. no one said, here you are, sir, let me meet your needs or help you in the situation or give a word of encouragement. that's not what happened on that train. brian: everybody in his family knew he was a problem. he punched a 61-year-old in the face. >> i'm good friends with daniel penny's attorneys. and he's a hero. if i ever come across something like this in the subway, i would never think twice about helping another new york. now forget about it, i'm staying away. the truth is danny penny did what more new yorkers should do but instead celebrating he's maybe going to prison. >> he said i went up to the would-be attacker. i said i love you. the guy looked at him and said i don't now. he gets slashed all the way d

video on board the train last month shows 24-year-old daniel penny restraining jordan neely. penny was initially charged with second-degree manslaughter. new york city mayor eric adams confirmed the indictment yesterday. in a video statement released by his lawyers last weekend, penny said he tried to subdue neely after he threatened passengers. >> i was scared for myself, but i saw women and children. he was yelling in their faces, saying -- saying these threats. some people said i was trying to choke him to death, which is also not true. i was trying to restrain him. >> penny's lawyers say neely had a history of violent behavior and mental illness. >>> the central bank voted unanimously to put a pause on interest rate hikes. federal reserve chair jerome powell yesterday issued a warning saying it may not last long. he said that's because inflation hasn't cooled as much as the fed would like it to, and that means more hikes could come later this year. jarred hill has latest from new york. good morning. >> reporter: good morning. the pause is probably not permanent which does

two sources confirmed with fox news that daniel penny, the marine veteran has been indicted in the choke choke hold death of jordan neely. we don't know of the exact charges. we know that penny was facing the second degree man slaughter charge and the manhattan district attorney's office believed that they had enough evidence, videos and witness testimony to indict him and to charge him on the second degree manslaughter charge, which in new york means that they believe that penny recklessly caused the death of jordan neely when he put him in that choke hold on that subway train on may 1. of course, look, the bar was low for a grand jury to indict someone. there's a reason why they say you can indict a ham sandwich. you needed 12 of 23 people to agree there was enough evidence and enough reasonable cause to believe that a crime had been committed here. that is what sources tell fox news happened. they voted to indict because they believe that there's enough evidence and reasonable cause here for this case to move forward. that means there's going to be a trial. a jury will decide whether

still ahead, the date is set for marine investigated daniel penny's arraignment in the subway death ofpolice department lieutenant darrin porcher call's penny's indictment a miscarriage of justice. is he next. are y ready for lift al-jaafari. the first space tourism flight is scheduled for a couple of weeks from now. that's coming up next. ♪ this summer, the space lineio for earth. it's perfectin'! with marinated chicken and double cheese. sweet and savory... ...kinda like you and me, chuck. bye, peyton. try the refreshed favorites at subway today. more shopping? you should watch your spending honey. i'm saving with liberty mutual, mom. they customize your car insurance so you only pay for what you need. check it out, you could save $700 dollars just by switching. ooooh, i'll look into that. let me put a reminder on my phone. save $700 dollars. pick up dad from airport? ohhhhhh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ (♪ country music ♪) (♪) (♪ well hit the clutch son and throw it in gear ♪) (♪ and check the boat in that rear view mirror ♪) (♪ bought some dr

now, look, daniel penny didn't have an opportunity to do a google search.ad to analyze the threat. he had to act. and now all of a sudden this guy is the one who is going to be in a courtroom on trial and i just hope -- i hope that there's not pressure on our legal system to convict, to avoid backlash and riots. >> there will be pressure. two things can be true at the same time. it is a tragedy, right, that jordan neely died and everyone can agree to that you can also agree there was no intent to kill jordan neely on the part of daniel penny and the others who came to his assistant to try to restrain ju jordan. maria: all great points. when we come back, another contender joins the 2024 race on the gop side, where the growing pool of candidates stand now. then, snoop dogg's new collaboration going to the dogs, wait until you see this. it's on the other side of this break. stay with us. ♪ rolling down on the streets, smoking, sipping on gin and juice. ♪ laid back. ♪ with my mind on my money and my money on my mind. ♪ doors take us places. so you bought a pla

i have the utmost faith in the judicial court process and now that the grand jury has indicted daniel penny, a trial and justice can move forward. the statement of penny's, appearance has yet to be determined. but it is worth noting that the indictment could include other charges but they are under field -- seal until that day. back to you. >> trace: ashley strohmier, thank you. it's been in the author of the upcoming book "was killing america," talk radio host jason rantz. great to on. we don't know the exact charges because the indictment has not been unsealed. what are your thoughts on not a big surprise, jason. but still, notable. >> it is not a surprise but it is a disappointment at least based on the fact that we have right now because this is not going to change the way we defend ourselves. it is going to mean we don't defend ourselves until it is too late. when you have someone on a subway or anywhere who is screaming their intent and they are dealing with potentially a mental illness, concern, you got other people concern. what are we supposed to do? are we supposed to wait until t

grand jury set to very soon decide whether to indict former marine daniel penny. charged with manslaughter after the choke death of jordan neely aboard a new york city subway. witnesses say they were being threatened. >> the three main threats were, i'm going to kill you. i'm prepared to go to jail for life and i'm willing to die. >> grand jury proceedings are secret. fox news has learned the grand jury is set to vote on whether to indict or charge daniel penny with second degree manslaughter. since may 31st the grand jury has been listening to evidence and witness testimony to determine not whether penny a guilty or not guilty whether there's legally sufficient evidence and reasonable cause to indict penny for the chokehold death of 30-year-old jordan neely last month. manhattan district attorney alvin bragg believes they have enough evidence including witness interviews, photos and videos to prove that penny wrecklessly cause the death of mr. neely including holding him had a check hold. penny defended his actions, saying he never intended to kill neely. he desc

a grand jury does not decide whether daniel penny is guilty or not guilty. the question before them is whether there is legally sufficient evidence and reasonable cause, reasonable, to indict, to charge penny with second degree manslaughter for the chokehold death of jordan neely on board that new york city subway last month. grand juries are made up of 23 people. prosecutors need just 12 of them to vote yes and in the case against penny moves forward. if the grand jury votes no, the charge is dismissed. it was reported by other outlets that penny's attorneys were planning on allowing him to testify in front of a grand jury. but fox news has learned penny will not testify. look, it's rare for lawyers to put defendants in front of grand juries because they risk any statement made by the defendant could be used against them in a subsequent trial. prosecutors in the manhattan d.a.'s office believe they have sufficient evidence including witness interviews and video footage to prove that penny recklessly caused the death of neely by continuing to hold neely in a

stuart: coming up, grand jury indicted daniel penny in the chokehold death of jordan neely.slams the decision, prosecutors are playing the race card. he's on the show later. supreme court decision on $400 billion student loan handout could come today. look at the latest on the senate college degree death. that is next. (jennifer) the reason why golo customers have such long term success that is next. ♪ is because we focus on real foods in the right balance so you get the results you want. when i tell people how easy it was for me to lose weight on golo, they don't believe me. they don't believe i can eat real food and lose this much weight. the release supplement makes losing weight easy. release sets you up for successful weight loss because it supports your blood sugar levels between meals so you aren't hungry or fatigued. after i started taking release, the weight just started falling off. since starting golo and taking release, i've gone from a size 12 to a 4. before golo, i was hungry all the time and constantly thinking about food. after taking release, that stopped. w

a new york subway pled not guilty moments ago at his arraignment. >> daniel penny killed a man. >> daniel penny won't be the only one on trial. >> bryan llenas here at the courthouse in new york city. high, bryan. >> hi, martha. good to see you. daniel penny is out free or bail after pleading not guilty to two charges. the second degree man slaughter charge with a maximum penalty of up to 15 years in prison and a lesser criminally negligent homicide charge. a junior will have to determine whether or not penny was aware that putting jordan neely in the choke hold could kill him. if prosecutors proven that, he could be found guilty of a more serious man slaughter charge. the marine veteran maintains he put neeley in a choke hold on the subway train only after he made verbal threats scaring passengers. his attorneys say he's confident a new york city jury will find him not guilty. >> the fact that it's a manhattan jury is obviously very good for us, for the defense. manhattan juries tend to take the subways and they understand what it's like to be on a subway, what it's like to be confined u

it is not clear if they will be putting daniel penny on the stand.ring, the next court appearance is in october. >> okay, emilie ikeda, thank you for that reporting. >>> the cdc issued a health advisory for malaria after four people in florida and one person in texas contracted the disease over the last two months. it is the first time in 20 years that malaria has spread locally within the u.s. the cases in florida and texas do not seem to be connected. malaria causes flu-like symptoms and can be treated with prescription drugs if diagnosed early. >>> overnight, protests erupted in france after a police officer shot and killed a 17-year-old in a paris suburb during a traffic stop yesterday. this is an image of a video circulating online, showing a police officer pointing a gun to the driver of a car before a gunshot is heard and the car pulls away and crashes. the victim died at the scene and the officer suspected of the shooting -- shooting the teen faces a potential manslaughter charge according to the local prosecutors office. tensions quickly boi

now that daniel penny has been indicted, what next?has been a bit of a flash point in this case. the family of jordan neely wanted to know why wasn't he arrested that night? the answer came from prosecutors, who told police to hold off because they said that we need more information. they wanted to hear the 9-1-1 calls, they wanted to see if there was any other video, they want to talk to the passengers on the train, ask them if they felt threatened and finally, on may 12th, they ordered his arrest. it began that grand jury presentation and obtain this indictment today. it will be announced tomorrow. >> so joey, the sources telling us the indictment is for second degree manslaughter charges. walk us through the specifics, why second-degree manslaughter? what's the bar for prosecutors to prove that as opposed to something else? >> i think there's two. one is the second degree manslaughter, the other being the negligent homicide. what's the distinction? when you look at the issue of second degree manslaughter, what you are speaking to is

. >> bill, thank you >>> in new york, a grand jury has indicted daniel penny, the former marine who placedomeless man in a fatal chokehold on a subway car. emilie ikeda is following this what more do we know >> reporter: we learned a grand jury indicted daniel penny on second degree manslaughter according to two sources familiar with the matter the 24-year-old marine veteran was seen on camera in early may putting jordan neely in a deadly chokehold. on a new york city subway. witnesses say neely had been making threats and harassing passengers on the train before the altercation, according to the assistant district attorney. penny wasn't arrested for neely's death until about two weeks after the incident, that delay sparking protests in new york city. he recently defended himself in video statement, saying he was just trying to restrain him. if convicted of second-degree manslaughter, penny could face 15 years behind bars tonight, his legal team says they're confident jurors will find penny's actions on the train were justified, the manhattan d.a. declining to comment >>> the federal reser

daniel penny's arraignment lasted four minutes. he said nothing as he walked in and out of court before pleading not guilty to the two charges. second degree manslaughter with a max penalty of up to 15 years in prison and criminally negligent homicide with a max penalty of four years. lawyers tell us the difference between the charges is the issue of awareness. jurors will have to determine whether penny knew that putting jordan neely in a choke hold could kill him. if he did he could be found guilty of manslaughter. if they determine he did not know the risk of death he could be found guilty on the lesser charge of criminally negligent homicide. in a statement after court alvin bragg said the following, quote. daniel penny stands indicted for manslaughter after allegedly putting jordan neely in a deadly choke hold for several minutes until and after he stopped moving. i hope mr. neely's loved ones are on the path towards healing continuing to mourn the tragic lost. penny made the case he was a good samaritan acting in self-defense

and now daniel penny is either a hero or a political victim.y -- it kind of compounds the tragedy in a lot of ways. >> how much does that conversation that is being had and the clear camps that have strung up not onew york but beyond. >> and it will dokochlly indica the jury pool. they may even take the subway to the courthouse that day. legally this is really tricky. i have no idea how this one will come out because there are two issues. one is did mr. penny act in self-defense of position or another. you have to perceive that the person poses a threats to the other person or your own life or limb. >> he didn't have a weapon. didn't punch anyone. >> and that is why the testimony from the bystanders, what was he doing. and the second part is the manslaughter charge. they have to prove that penny acted recklessly. so did others say anything. it will be a different trial for all involved. >>> and we'll set that aside for a minute. another story, this one feels a little bit more like a hollywood move injury. prosecutors are charges four men in the

sounds like daniel penny. sd >> it's a very distinction with this case.mperfect self-defense which is what we just heard with the district attorney. he's kredsable. pe doesn't seem rehearsed. you hear his testimony, it's going to be a very, very uphill tough battle for the prosecution to get 12 people to believe he wanted that death or he was so negligent and he still created that death especially when you look at the conduct of others on the subway. >> great insight. thank you. >>> madonna remains under medical care for a serious bacterial infection. we have the severity and the possible cause, next. looking for a smarter way to mop? introducing the new swiffer powermop. an all-in-one cleaning tool that gives you a mop and bucket clean in half the time. our new cleaning pad has hundreds of scrubbing strips- that absorb and lock dirt away, ( ♪ ) and it has a 360-degree swivel head- that goes places a regular mop just can't. so, you can clean your home faster than ever. don't mop harder, mop smarter, with the new swiffer powermop. mara, are you sure you do