who was jordan neely. not just a michael jackson impersonate or, the real jjordan neely, his rap sheet boasts 42 arrests, including multiple assaults on subway passengers, one victim was a 67-year-old woman he broke her nose and fractured her o orbital bone in an unprovoked attack, the d.a. gave him a deal, he took the deal. he became known for lewdness, mental illness and llived on the streets, hospitals and jails and reportedly top 50 list of homeless people most in need of help, he was a violent individual who could threaten anyone at any time, for any reasons. this was the man that daniel penney a struggle that ended in neely's death, you wouldn't learn most of this had you attended neely's publicize funeral friday, joining me in studio our all-star panel, lawrence jones, and j and p paul moreau thank you for being with me. inspector, what about the 42 arrests? >> 42 arrests is a lot. even in this town, unfortunately people like neely become well-known to public, people should realize 42 arrests is not

jordan's neely he did he did. men helped daniel restrain jordan neely that day has your team spoken to them? we have we have. we've spoken to quite a few witnesses because of the early stages of where we are in these proceedings. we have to be careful how much of that we can reveal. but we can say that we have spoken to quite a few witnesses and we will be speaking to more as their information becomes available and we could track them down and get some additional information from them. of course, the police have also spoken to witnesses. that stayed on the train when they did arrive. now daniel did cooperate with the police right after and went to the police station. why was he let go after that? well i mean, we have to remember like this was a case of self defense and the police saw that and the police didn't arrest him. didn't take him down to the station and asked him. can you come down to the station? he was very willing to do that. you know. daniel wants to participate in this. whatever investigation was goin

passengers say jordan neely had been making threatses.said daniel penny's statement is not showing regret. he believed he was entitled to take jordan's life. he needs to be in prison. new york city mayor adams says he's staying out of it. >> i think it is important not to interfere as the mayor of the city in those parts that the police department has yet to take their action and the da will make the determination how to handle this case and i respect that, respect da bragg's job and what he has to do. >> alexandria: jordan neely death sparked rolling protest throughout new york city, those there saying this needs to be called murder. fox news contributor leo terrell had this to say about the manslaughter charge. >> leo: this is a racially charged prosecution. it is because the defendant is black and the marine is white. and the individuals that assisted the marine were people of color. i think this case will go nowhere. motivation was based on race. >> alexandria: a woman told the "new york post" she was on the train at the time and said

the district attorney identified the man as jordan neely. witness says neely got on the subway and began, quote, a somewhat aggressive speech saying he was hungry, he was thirsty that he didn't care about anything. he didn't care about going to jail, he didn't care that he gets a big life sentence. >> neely quickly became unconscious, he was taken to a nearby hospital, and sadly, later, he was pronounced dead. the new york city medical examiner proclaimed his death as a homicide, and almost immediately, the usual suspects capitalized on this tragic story. for their own political gain. aoc, the congresswoman, accused the marine of murder. new york governor kathy hochul claimed neely was killed simply for riding the subway. she knew it wasn't true. >> i do want to acknowledge how horrific it was to view a video of jordan neely being killed for being a passenger on our subway trains. and so our hearts go out to his family. i'm really pleased the district attorney is looking into this matter. as i said, there has to be consequences and so we'll s

jordan neely live?hink that will be the question, whether or not a reasonable person would have held that choke hold on jordan neely as bad as he was, for as long as he did? i think that question of reasonableness will be key to this case. >> ainsley: do you think the city is charging him just because of the protests? >> geraldo: i think that is a big part of it, the arc of mayor adams first saying justified in a city where the subway is a homeless shelter and other hand, jordan neely life matters came after the protest and the family. this is a tragedy, horrible, sorry this ever happened. however, the marine has a good defense, the question is whether he stopped soon enough. he was even told by others standing around, you're going to kill this guy, ease up and he did not. it will be a close case, interesting to watch and it will be wrought with racial tension. >> ainsley: it is tough for people like you who grew up fighting professionally and a marine who grew up learning to defend himself. if you see

in new york, jordan neely was killed lasted by another passenger post of jordan neely was crying out that he was hungry when he was fatally attacked on the train by a 24 year former marine named daniel penny. he was interviewed by police detectives but was released, not arrested. sunday nights protest follows a similar demonstration saturday when police arrested 13 people at sit in protesting, demanding penny face charges. they were on the subway tracks. we will have more on the story later in the broadcast. and those are some of the headlines. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. russian president vladimir putin has accused the west of unleashing a war against russia during a victory day celebration in moscow marking the soviet defeat of the nazis 78 years ago. putin's remarks came over 14 months after russia invaded ukraine. in recent days, russia has stepped up attacks on ukraine, launching waves of drone and missile attacks targeting kyiv and other areas. putin spoke in moscow's red square earlier today. >> today civilization is onc

jordan neely's family says daniel penny choked jordan neely to death, we never called him a white supremacist, we called him a killer. we want to know why he didn't let go of the choke hold until he was dead. jordan neely's uncle said, he needs to be prosecuted or he will do this again. he has too much confidence and has to be taught what he did was wrong. as far as daniel penny's, if this case goes to trial, prosecutors could use daniel penny's military experience against him. >> prosecutors could say he chose to disregard it, usual manslaughter two case is somebody waving around a gun or knife, where risk is obvious. this is choke hold, not as obvious. penny was released on bail after he was charged with machine. >> todd: his legal defense fund, second highest in the history of that site, if this does go to trial, it will be number one, people are resonating with this case. thank you. more violence on the subway, one woman shoved and a man slashed in the face, both suspects are still on the loose. christina lee's family -- was stabbed to death after a homeless man followed her home and slip

this goes back to the 1st of may when jordan neely was a - may when jordan neely was a 30—year—old, michaeljacksonsode when he got onto the subway that day. witnesses described him screaming about being hungry and needing food and that he was ready to die. passengers described feeling scared and frightened but his lawyers for the family have made very clear that he did not touch anybody or consult anybody. at that point daniel penny, a 24—year—old former marine got up behind jordan neely and took him down into a chokehold and two other people helped keep him down. he held him like that for several minutes and his lawyers because he has now been charged with second—degree manslaughter, his lawyers said he did that as a good samaritan and that he did not know his actions would lead to the death ofjordan neely and that he was trying to help his fellow passengers. jordan neely was unresponsive after the chokehold and he died before they got him to hospital. we and he died before they got him to hosital. ~ . , . , and he died before they got him to hosital. ~ ., , . , ., hospital. we have pictures of h

today the funeral for jordan neely. the homeless man who was killed earlier this month on a new york city subway. his death is a tragedy that could have been avoided if new york city had adequate mental health programs. but, instead, hills loved ones gathered this morning in harlem to mourn his death. and at the funeral, guess who delivered neely's eulogy? it wasn't a family member or close friend. al sharpton. watch. >> put their arms around all of us, who keeps choking us to death? we will stand up and there will be no justice, there'll be no peace. >> i don't know but but i have a question. why is al sharpton giving the eulogy? did he personally know jordan neely prior to his death? of course not. but you see al sharpton is a race hustler. he is there to politicize this tragedy. why else was aoc at the funeral?

they are deified, like george floyd and jordan neely. the incentive today is when you see someone who appears dangerous, do nothing. take no action, other than maybe calling 911. but what happens when you're in an enclosed space and you have no idea when security will actually get there. we don't know all the facts of this subway case yesterday, but we do know this. jordan neely shouldn't have been on the streets at all. and the presumption should be that a man or a woman who is operating in good faith when he steps in to defend himself or others from a menacing criminal, but the way the media are covering this case, you would think the hero is the career criminal and the 24 year old former marine is the thug. >> the inhumanity of it, watching what happened with this poor person on the subway car, jordan neely in new york, a chokehold and murdered, basically -- >> laura: to say murder means that neely's death was an intentional act. that's absurd on its face. individuals who feel justifiably threatened should be able to defend themselves

the marine vet said he was going to the gym when he encountered jordan neely. assengers when penny put a choke hold on him. jordan neely had over 40 arrests. he pleaded guilty to punching a woman in the face. the ex marine, penny, says he's loves people of all background. attorneys for neely says this is an advertisement to soften the view of daniel penny. we never called him a white supremacist. we called him a killer. alvin bragg has six months to secure an indictment to move forward. right now penny is free on $100,000 bail and faces 15 years in prison and due back in court in july, martha. >> martha: thanks, nate. here exclusively, one of his attorneys, thomas kenniff, a commissioned office also in the army national guard. judge advocate, and veteran of the iraq war. tom, great to have you back. thanks for being here. let's start with your client's interview with the post over the weekend. how do you think he did? were you pleased with the answers that he gave the "new york post"? >> i think he did great. there's really -- never had any doubt that he would.

for daniel penny speaking out about the charges his client is facing for the choke-hold death of jordan neely, after protesters de demanding the veteran be held accountable. >> ashley: i'm ashley strohmier in for carley shimkus. penny's defense fund racks up 2.3 million in don't -- donations. >> he was fearful and was keeping his fellow passengers safe from the attack. the man was acting in a violent matter physically and with worths. >> ashley: jackie ibanez joins us. >> jackie: steve razor is giving his side of the incident that left jordan neely dead. >> none of that is based on the facts. as to race, it is not motivation for danny. he is the one that put himself in danger. to save who? all the people on that train, black people, brown people, white people, it didn't matter to danny. danny put his life at risk to save all those people. >> jackie: neely's death, protesters are -- suffered from mental illness. he was on the top 50 list in new york at risk. mr. neely was on the risk list for people of concern. neely had been making threats and threatening passengers when penny threatened to r

and have their legs below them, and when he let him go into a recovering position, we're told jordan neelyhing. #not trying to -- he's not trying to kill him but subdue him and it'll be in the jury's hands to see if he went too far. will: witnesses say neely was said to be shouting acting erratically and said something to the effect of i'll take a bullet and clearly implicating he's up for a moment of violence. the interaction took place for up to 15 minutes. we don't have a -- we haven't seen the full 15 minute video and two other riders restraining him and witnesses pointing out that they thanked daniel penny for what he did. will: coming from behind with a sleeper hold and trying to subdue this from happening. what you'll hear this marine say is nobody is trying to kill anybody and trying to protect myself and other people in a bad situation. will: in the wake of this, there was protest in new york city where riders jump down onto a subway track, stopped a car and held everyone else onto the train. the one detail that has seemingly inspired this is the detail that we haven't mentioned h

geoff: we return now to the death of jordan neely on the new york city subway last week. the former marine accused of putting neely in a chokehold for several minutes before he died, surrendered to police today and was released on bond. witnesses say on may 1, neely got on the train acting erratically. they say he was shouting at passengers, but there are no reports that he physically attacked anyone. then, video shows penny wrapping his arms around neely's neck, forcing him to the ground. witnesses say he held him there until neely stopped breathing. daniel penny's attorney spoke to reporters today outside the police station. mr. kenniff: this morning, daniel penny surrendered at the 5th precinct at the request of the district attorney's office. he did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation. geoff: at a separate news conference, the family of jordan neely said he had a history of mental illness and posed no threat. they demanded the charges be raised from manslaughter to murder. mr

behind bars. >>> but we begin here in new york city where earlier today a funeral was held for jordan neely died after a fellow new yorker placed him in a chokehold on a local subway. neely's death fueling familiar, albeit passionate debates, over several of the country's intractable channels, mental illness, homelessness, and vigilante justice. and today even as family and friends grieved a devastating personal loss, those loved ones were also mourning a young man just 30 years old who had looked for help but never got exactly what he needed. reverend al sharpton delivering the eulogy today said that has to change. >> we keep criminalizing people with mental illness. people keep criminalizing people that need help. they don't need abuse. they need help. jordan -- i didn't know your jordan. i know your aunts and i've talked to your daddy. one thing i promise is in your name we're going to change how they deal with the homelessness. the in your name, we're going to change how they deal with the mentally ill. in your name, we're going to change services in this city. jordan, you didn't die fo

daniel penny did not know jordan neely before this incident. that means he did not know how many times he was arrested so that is a nonfactor. for anyone to bring that up and say it impacted the situation, you cannot do it. >> he has been charged. where does the case stand? what thoughts? >> the judges indicated penny has to come to court on ju july 17th. during this time, the defense has an opportunity and can demand their client to testify in the grand jury. the defense will be gathering their own witnesses they can present. they will also get a medical examiner. the decision by this medical examiner was quick and i can say that as a fact. i also think the grand jury will have the ability to make a better assessment than al's and greg did. it was a knee-jerk progressive reaction. daniel penny stayed when the police came, he stayed to talk to the police, went to the precinct to talk to the police. the police did not make an arrest. all of a sudden, after everyone starts writing and demanding someone be arrested, bragg says i am going to charge

>> jordan neely!est, calls have turned to improving resources for the city's homeless population, especially those suffering mental illness. >> we want to battle for the people, we want to battle for new york city, for its homeless population, and for the family of jordan neely. >> reporter: penny will be back in court on july 17th. today, he did not enter a plea, as this case still will go to grand jury that will review it and decide which charges, if any, they find appropriate. norah? >> norah: lilia luciano, thank you. now, to the severe weather making its way through the middle of the country with multiple suspected tornadoes reported in nebraska this afternoon. it comes after a wild night of storms, with nearly two dozen twisters, reported across five states. cbs's roxana saberi is in cole, oklahoma, where they are surveying the damage. >> reporter: tornadoes raced across the nation's heartland for a second straight day. this twister spotted in nebraska. tornadoes struck thursday in kansas. >> on

that's who jordan neely was. so we want to thank everybody that jordan represented, he was one of us. but there are a lot of people dealing with mental illness and they could be in the same situation. there are a lot of families who cared for those people but they can't find them right now. they may be walking the subways. they may be houseless on the streets. and those families are wondering what will happen to my loved one because i can't reach them. that's why it's important to have services available, that's why it's important for the mayor to be talking about what we can do to address mental health in our communities. we want to think the people who represent the homeless and houseless communities, we want to thank them. we could all be 1 or 2 paychecks from that happening to us or one tragedy away from that happening to us. how are we to look at someone and say they were houseless and they must be a bad person. they must have been about to attack us. they must have been about to hurt us so we had the right t

jordan neely to death. we never called him a white supremacist, we called him a killer and we want to know why he didn't let go of the choke hold until he was dead. jordan neely's uncle said he needs to be prosecuted or he will do this again. he has too much confidence and has to be taught what he did was wrong. as far as daniel penny's defense, legal expertses warn if this case goes to trial, prosecutors could use daniel perry's military experience against him. >> they could lean on that, it is not the usual manslaughter two case, it is usually somebody waving a knife or gun and it is easy to infer the person was awear of the risk. this is a choke hold. >> penny was released on bail after he was charged with manslaughter. >> ashley: thank you. daniel penny lawyer spoke with our own judge jeanine pirro and here is what he said about the character of his client. >> i think he did it, because danny has the focus of helping people, part of the reason that inspired him to become a marine, serve the fellow man.

in 2018, jordan neely was accused of breaking another man's nose where jordan neely died four years laterother victim who accused jordan neely of attacking him, out of nowhere, he punched him in the face. jordan neely's death has sparked protest. >> todd: one writer is saying it is all in their heads, writing, i've safely ridden the subway for 23 years and my child has never been menaced by a lunatic, these imaginary monsters are in your head and addressable with therapy. despite the 121 reported subway attacks this year. and adam klotz was attacked this year. and a woman ambushed while walking her dog in central park. adam, i saw your face, were the thugs that messed you up imaginary? >> they were not imaginaries, maria antonette, starving france, said let them eat cake. she is disconnected and maybe she should have empathy for peep whole go through these situations because it can be scare and he it is okay to be afraid. these are not imaginary monsters. >> todd: you are good midwestern boy, i'm a hot-headed italian. when i heard that, i was ticked off for you. when was your reaction aft

jordan neely should be alive. this individual has to be arrested.e his day in court. -- >> charles, i think this case says something about how the public views unhoused people and how the legal system of views unhoused people. i think the combination of race, the combination of mental health is also apparent here. you talk about the person who held mr. jordan neely in a headlock. the police interviewed him at. they released him. why have charges not been filed? >> i think, symone, we were talking about the issue of class and race in a city that would like to purport itself to be far more progressive and far less problematic than it is. there are a class of people in new york city that cannot afford to live in new york city and affordable housing is an issue. inadequate mental health services, i've already talked about -- the issues -- and so what happens is when you have these marginalized sections of our community, of our society, of our city they are treated in many respects as second class citizens. it's not only by other new yorkers, but by law

neely's family said it's not apology or nor expression of regret, but character assassination and why he believes he was entitled to take jordan'stching it. >> john: interesting to see how it comes out. laura, thank you. sandra. >> sandra: trial attorney mercedes colwin. great to have you here. daniel's lawyer said neely had a documented history of erratic and violent behavior, ongoing and untreated mental illness. when neely threatened penny and other passengers, daniel and the help of others acted to protect themselves. will they be able to prove it was the case? >> that's the great question. totality of the circumstances of the chokehold, what was neely doing at the time that david penny and the other passengers were very afraid, we know that there were five calls to 911, the first call was about erratic behavior, threatening behavior of, obviously they don't know who it was at the time but jordan neely was the individual described in the 911 call. so the calls are very critical. you have to look into the minds of not just david penny, but the others and we see that other passengers were actually assisting david penny. so if

in this case, daniel penny and jordan neely. dr.have you with us, thank you for giving us some insight. >> thanks, will. will: by the way, tomorrow judge jeanine on "the five" will have an exclusive interview with daniel penny's attorney, don't want to miss that. 5 p.m. eastern time right here on if -- the fox news channel. >>> at least one person is dead after violent tornadoes touch down in texas, and more severe weather is expected today. adam klotz is tracking it. we'll check in with him in a little bit. >>> plus, stunning eyewitness accounts claiming biden officials are helping illegal immigrants cross the border. former journalist who just returned from mat more process reveals what he saw next. only at vanguard you're more than just an investor you're an owner. that means that your priorities are ours too. our interactive tools and advice can help you build a future for the ones you love. that's the value of ownership. (vo) if you've had thyroid eye disease for years and your enflamed eyes are so watery, they need windshield

in new york city, protest over jordan neely choke-hold death turned chaotic and violent with the nypdinding a molotov cocktail. >> ashley: florida standing up to china, and ronna mcdaniel ban banning china from buying land in the upstate. we have the bizarre backlash next. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. ♪ ow! whoa! watch where you're going. yeah mom, pay attention. what if it's a concussion? hang on, i'll look it up. uh... i'm probably fine... probably? we noticed something wasn't right and got her to a doctor. i thought i was okay, but i had a concussion. sometimes, it's hard to tell on your own. don't mess with your melon. if you hit it, get it checked. >> todd: protest turns violent in new york city over the death of jordan

penny walked i've a police precinct in handcuffs to face arraignment for the chokehold death of jordan neelyrmer. he faces second-degree manslaughter charges. penny is out on bail tonight. just last week, he was recorded holding mr. neely in a chokehold in a subway car. neely was pronounced dead at a hospital. witnesses say mr. neely got on a subway, shouted he was hungry, thirsty, had little to live for. witnesses say he didn't attack anyone. his death has brought attention to the national issue of homelessness. his family said he had mental health problems. i spoke with donte mills and lenin edwards, two attorneys for the neely family. >> first of all, how is the family of mr. neely doing? >> not good. they lost a loved one. and the worst part about it is, they're looked at as bad people because of the situation jordan neely was in. the problem is, therse are forgotten people in america. it's people dealing with mental illness. there's an assumption if you have mental illness, if you're houseless, that there's something wrong with you. that you're a bad person. >> what is the family's reac

we know jordan neely according to his attorneys has been through trauma in his life. at the age of 14, they said he experienced his mother's death and he has had a number of mental illnesses as a result of that trauma that he experienced, but they also spoke about just the chilling effect of that video, and how they have not been able to bring charges against daniel penny. take a listen to what else his attorneys had to say. >> he had demons, and we all know people who are on the brink of going through something major, a catastrophe, where they just can't seem to get everything back together, and that's where he was. >> reporter: yeah, kate. in response to that statement from daniel penny's attorneys, jordan neely's attorneys have said they basically -- they don't buy it. they say it's not an apology. they want more accountability and they will continue putting pressure on the d.a.'s office to see some of those charges filed and we should note, kate, that there is a vigil planned tonight at the subway stop where jordan neely lost his life. a couple others expected the

his name is jordan neely. earlier this week when he was placed in a chokehold by a retired marine at 24 years old and ended up dying. his death was later ruled a homicide. now protesters are demanding the manhattan d.a., you know him, alvin bragg file charges. here to react manhattan district attorney mark better row. great to see you. first off your reaction, how much should this 24-year-old marine be worried being charged? >> i would be worried that he could be charged with manslaughter charges or criminally negligent homicide charges. i think he should be worried. >> brian: why? >> because there is a video of him holding neely, choking him, using what lawyers call deadly physical force. and if he was not authorized to use that force, then he is potentially facing charges one might assume or believe he wasn't justified because he didn't appreciate the risk that a reasonable person should have by choking someone it's likely to cause their death, particularly a marine who presumably is well-trained in the use

when the officers arrived, they found jordan neely, the 30 year old black man, unconscious. ust a hour earlier, neely boarded a northbound bound train -- started, yelling i don't have a drink, i don't have food, i give up. and neely, who is reportedly homeless, said i don't mind going to jail, going to, prison and ready to josh. -- that the neely's screaming was frightening, the 30 old had not assaulted anyone. but the situation quickly took a turn when another rider grabbed neely and placed him in a chokehold. video of that incident, which we have chosen not to play for you tonight, shows a 24-year-old light -- white man, later identified as daniel penny, wrapping an arm around neely's neck, while others passers try to restrain. neely scene riling, trying to break free from the hold, as the minutes take by, he visibly weekends. the arm wrapped around his neck stays firmly in place for almost 15 minutes. even after neely stops moving, the men continue to hold him down. told nbc news the chokehold lasted for 15 minutes in total. jordan neely was later pronounced dead at a near

gerry: reverend al sharpton delivered the eulogy for jordan neely friday, the 30-year-old who died on city subway. sharpton was pointing the finger, of course, at the racial injustice, supposed racial injustice, as the cause. but a new witness has emergedded calling daniel penny, the man accused, a hero, and she's willing to testify on his behalf. has the left rushed to judgment on this? lee, you and i, we ride the subways all the i'm the, can be a fairly terrifying experience. we obviously don't noaa what exactly, precisely what happened, but there's a lot of sympathy for daniel penny, i think. and the fact now that he's been charged by the manhattan d.a., i think, is probably only going to increase the sense of injustice, do you not agree? >> you see what the legal defense fund is now, into the millions. there are a lot of people who want to insure that he has a fair trial. that is important, that you have a jury of your peers, that you have your day in court. none of us were inside of the subway car that day, but from from some of the others who were there that i day who are speaki

the marine veteran accused in the choke hold death of jordan neely on a new york city subway appearedter charges. cbs's lilia luciano reports 24-year-old daniel penny faces up to 15 years in prison if convicted. >> reporter: daniel penny walked out of the lower manhattan criminal court friday, released on a $100,000 bond. >> he is dealing with the situation, like i said, with a sort of integrity and honor that is characteristic of who he is, characteristic of his honorable service in the united states marine corps. toycuporter: penny is stressed he maintained that choke hold for several minutes, even after the f train had arrived on its next danienny acd recklessly when he caused the death of jordan neely. >> reporter: how far does is self-defense defense get him? >> self-defense has to also be reasonable. it can't just be subjective. manhattan district attorney alvin bragg said the investigations included numerous witness interview but alas, careful review of photo and video footage, and discussions with the medical examiner's office, which ruled the death a homicide. >> no one on th

the family of jordan neely is set to hold a news conference any moment now. witnesses say he was acting erratically in a subway. a u.s. marine veteran said he got ahold of him. neely died in a choke hold on the subway. this morning that military veteran daniel penny turned himself in. liberal manhattan d.a. alvin

we start with the latest on the case between jordan neely and daniel penny.ut. he spoke to the new york post to begin to tell his side of the story. he's saying it's nothing to do about race. he said the following inside. he said this had nothing to do with race. i judge a person based on their character, i'm not a white supremacist. it's a little come call. everybody who -- comical. i love all people, love all cultures. you can tell my by past, my adventures around the world. is was planning a road trip through africa before this happened. daniel penny beginning to put this into context what it was really about that day on the subway. >> what's really interesting about that quote for me is that people have to be put on trial to go i promise, i'm not racist, i love all cultures many i presume everyone is not racist until they prove otherwise. the number of racist people in the country if we're honest, this is a people with -- i saw a poll of 98% of 18 to 30-year-olds believe in interracial marriage, it was 4% back in the '50s. this is a culture that is totall

we know that monday afternoon, jordan neely i monday afternoon, jordan neely entered the subway car inng. he was acting erratically, but did not assault any passengers. nevertheless eyewitnesses on the car spoke about being scared. and shortly after that, a 24—year—old who has been identified as a former marine went and grabbed jordan neely and put him in a choke hold, holding him there for several minutes. and there is actually pretty graphic video of this incident where others on the train were helping to restrain jordan neely, others were looking on. at one point someone questions if he's doing 0k on. at one point someone questions if he's doing ok because he was kicking his legs in distress and then just became limp after a while. went police finally arrived, emergency services arrived at eight subway platform and tried to give him cpr, he was pronounced dead and was not responsive and was pronounced dead later at the hospital. so we have really been hearing from some of those passengers on that subway car, saying that none of them thought this would end in his death and many of th

police were seen moving the protestors off the tracks sat after denouncing the choke hold death of jordan neelyelling and threatening passengers when placed in a choke hold by a marine veteran identified as 24-year-old daniel penny riding in the same subway car as neely last monday. a week ago today. neely's death was ruled a homicide by the city's medical examiner. as we wait to see if any charges will be filed there is a war of words between the lawyers and family of both men. on friday the law firm representing penny expressed condolences to the neely family while also stating that neely had a documented history of violent and erratic behavior and penny never intended to harm neely and could not have foreseen his untimely death. local media reporting this morning that neely's family issued a statement saying penny's press release is not an apology nor expression of regret. it is a character assassination and a clear example of why he believed he was entitled to take jordan's life. neely was known for his michael jackson impersonations but his mental health had declined in recent years. his f

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that marine is expected to turn himself in tomorrow. >> the man who put jordan neely and a deadly choke hold on a new york city subway will be arrested and charged with second-degree manslaughter. daniel penny restraining neely in a choke hold for at least 3 minutes. he was harassing passengers and acting erratically on the train. he was not physically violent. the video showing other passengers holding neely down. the 30-year-old later pronounced dead at the hospital. he was a michael jackson impersonator and his family says he was homeless and battled mental health issues since his mother's murder. >> there are consequences when a civilian takes a situation into their own hands and causes a fatality. >> the incident setting off days of protests. eric adams addressing the death. >> jordan neely did not deserve to die. >> penny saying he stepped in to protect himself and said his death was unintended. >> let's bring in stephanie ramos. this charge, what does the signal? >> the second-degree manslaughter charge suggests prosecutors did not believe penny intended to kill him. he could fac

. >> now to the story of the death of jordan neely. earlier this week i put out a statement as head of the network condemning his killing and the reaction to it. on monday according to video and multiple eyewitness statements, he was restrained by three new york subway passengers during eight reported mental health episode. placed in a chokehold by one of them and later died in the hospital, it was reported. the chief medical examiner ruled his death a homicide. caused by the chokehold applied to his neck. joining me now, the attorneys for jordan nearly as family, dante mills and lyndon edwards. two very promising attorneys here in new york, i could say. attorney mills, jordan's death is another tragedy that struck the family. according to angie dot com, his mother was nearly choked to death in 2007, her boyfriend was convicted of crimes, she was later found stuffed into a suitcase on a highway. and new york poll reports that this was a tragic incident according to some -- he went into a deep depression, according to family members. bu

the death of jordan neely.tics and protesters have said they believed penny 'actions were racially motivated. the former marine's attorney is pushing back in his first tv interview he says race never played a part in penny's decision-making on that fateful day and he simply wanted to help passengers. watch. >> daniel has been called a murderer by some, vigilante by others. many claim that he acted based on race. what do you say to those people? >> i would say on all those things that are not based on the facts. that's the simple truth. none of that is based on the facts. as to race, it is simply not the motivation for danny. as you can see just examining what occurred here. we are on train, small area, underground with the doors are closed-end locked. it's a scary situation because there is no escape. when you see someone being threatening you have nowhere to run. the only thing you can do is wait for the police that can be too late by the time the train stops and the doors open a an ed you get a police officer

it failed jordan neely and it failed everybody.ybody who is having the same social issues. some people on that subway car did try to intervene. and extended -- morning daniel penny that his actions could be deadly, noting that nearly had apparently desiccated on himself. that is one of the telltale signs that a person is close to death. he also warned that penny could catch a quote, murder charge. in that statement from pennies lawyers, they claim that the client never intended to harm neely and could not have foreseen's untimely death. based on the details we just shared, what do you make of that case, given that people even at the scene we're seeing hey, this is not right? >> again, i don't think it is a gray area, when you took the life out of somebody over several minutes in broad daylight whether or not that is an violent and evil thing to do. i think that in terms of what happened with the case, i understand that the fascination with what the punishment is going to be and it makes sense to me, but i feel like those who want t

jordan neely never touched him, he never hit him, he never lunged in his direction.daniel penny came from behind him and put him in a choke hold, so is that reasonable? and then you look at the amount of time he held that choke hold, some think 15 minutes, anywhere from 6 to 15 min, the question is what did he think would happen if you choke someone for that long? you had to know it would end in death. >> there were other people involved when mr. penny was still holding onto mr. neely on the ground. do you want to see any charges against them? >> absolutely. i asked the d.a. whether they identified those two people yet, and the answer was no. now, if you're in a choke hold from what we understand it cuts off both air and blood to the brain. so there's no way that anyone who knows what they're doing and using that technique could conclude this is going to lead anywhere else. to add on top of that compound the situation by having one person grab your left arm and your right arm, it means you're completely defenseless. you are absolutely incapable of doing anything to g

. >> todd: he maintains penny was trying to protect passengers from jordan neely, who had been making threats. jackie ibanez joins us. >> jack: steve razor is giving his side of the incident that left jordan neely dead. listen. >> none of that is based on the facts. as to race, it's simply not the motivation for danny. he is the one that put himself in danger to save who? all the people on that train. black people, brown people, white people, it didn't matter to danny. danny put his life at risk to save all those people, nothing to do with race. >> jordan neely's death sparked unruly demonstrations across new york city, protesters demanding justice and accountability for neely. the 30 year old suffered from mentality illness, he was on the top 50 list of people at risk. they write, mr. neely was on a watch list for city task force that kept track of the new yorkers of concern. prosecutors revealing neely had been making threats and scaring passengers when penny attempted to restrain him. that is not stopping manhattan district attorney alvin bragg from charging penny with second-degre

the problem is that jordan neely had been in the system.rgain and agreed to go into outpatient treatment. he walked away from it days later. a decision, or an action that his family faulted the city with not doing more to prevent. it's a very difficult intractable problem and this case really points to how hard it is to solve. >> such a great point. i want to read his attorney's statement. this is daniel penny's attorney's statement today. when mr. penny, a decorated marine veteran, stepped in to protect himself and fellow new yorkers, his well-being was not assured. he risked his life. it was the unforeseen death of mr. neely. we're confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, mr. penny will be fully absolved of any wrong-doing. >> we know that jordan neely will still be dead. yes, the governor can get on tv and talk about a billion dollars hear or there, it is bigger than that. the system is broken. when you look at the despair from public housing, $40 billion behind in repairs.

he has been arrested 44 times, jordan neely.said whether he knew that or didn't know that, it didn't matter. what mattered was what he felt in the car in that moment when no one could escape and no police could get in. the fact that people actually came out afterwards and thanked him for helping them indicates that there was a great deal of fear on the part of people in that car. by the way, the interesting thing. today i was talking to someone and they said, i was on that same train that day. we had a crazy person in our train car and we were calling the police and we were like, great, they stop the train. the police were coming. he said they went to a different car. they didn't come to my car. think about the jury. if it's a manhattan jury, new york city juries in order to like to be on the subway. >> jesse: i wonder what changed in bragg's office because they were cooperating and all of a sudden, something flips. do you think public pressure played any role? >> martha: andy mccarthy who i had on earlier did a great piece the