a protesters marching through new york city demanding justice for neeley. they are outraged after the marine was taken into custody but later released without charges. new york congresswoman alexandria ocasio-cortez tweeting jordan neeley was murdered. again, that is her opinion, not an official charge. but because jordan was houseless and crying for food in a time when the city is raising rent and stripping services to militarize itself while many in power demonize the poor, the murderer gets protected with passive headlines eric adams said wait for the investigation. >> we cannot blatantly say what a passenger should or should not do in a situation like that. we should allow the investigation to take its course. >> neeley's aunt telling the "new york post" likely stemmed by the murder of his mother by his step-father in 2007. steve asked a very important question in light of a.o.c.'s comment this is a murder according to aoc this is not a murder until it is charged as a murder. she needs to be careful. >> steve: medical examiner says it's a homicide. dist

stepped in and held neeley in a choke hold. he doesn't let go until his body goes limp. former manhattan assistant d.a. michael bochner. can someone see someone acting erratically and hold them in a choke hold? >> under new york state law, a person can only use the level of force necessary, reasonably necessary, to stop the conduct. >> reporter: bochner says a self-defense claim may not be as simple for a trained marine. >> a marine knows how to subdue out. they're taught battle technique. >> what do we want? >> justice! >> reporter: neeley's death has sparked outrage and protests, including from officials like new york congresswoman alexandria ocasio-cortez, who posted this tweet, saying neeley was murdered. mayor eric adams pushed back. >> i don't think that's very responsible at the time where we're still investigating the situation. >> we grew up together in foster care. >> reporter: he remembers his friend as a talented michael jackson impersonator, who battled homelessness and the trauma of his mother's murder when he was

they failed neeley himself. they failed to hold him responsible for the actions.2021 he randomly punched a 67-year-old woman in the head. we owe our new yorkers more. we owe people dealing with mental health issues more. this is not what new york is. we are better than this. we are not supposed to be stepping over people sleeping on 30-degree sidewalks and call that compassionate because no one wants forced care. kathy hochul, alvin bragg, aoc, when they incite these riots, when they incite this hi trade when they deflect from their failed policies, now what happens when someone gets killed on the tracks or my officers go out there to enforce the law and they get hurt. lawrence: i'm joined by someone who experienced this insanity on the subway firsthand. leslie was assaulted while riding the train last year. they think this is a game until it hits their front door. you know all about this. >> definitely. hi, lawrence. the situation with the trains, it's ridiculous. i think it's super dangerous for them to be protesting in the train stations. but change needs to ha

penny should be charged with murder says neeley's family.fter that conversation. he will weigh-in. it's an afghanistan war veteran. first to nate foy. hi, nate. >> hi, martha. the 24-year-old marine vet says he would do the same thing again in a similar circumstance. you mentioned he denies race had any role in his decision making telling the "new york post," "i judge a person based on their character. i'm not a white supremacist." penny is charged with second degree man slaughter for this incident on the new york city subway. the marine vet said he was going to the gym when he encountered jordan neely. neely was threatening passengers 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

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we've seen that cell phone video of these two on the ground, daniel penny and jordan neeley, the home see in that choke hold. we don't know what happened in the moments leading up to them being on the ground and him trying to subdue. we heard that jordan neeley was threatening passengers, reportedly throwing garbage at passengers and daniel took matters in his own hands trying to subdue hit waiting for the police. we know there were reports that they're looking at the video that happened on the subway. is there other cell phone video? is there other witnesses that they talked to? that's what we hope to learn more tomorrow, neil. >> neil: thanks, laura. laura ingle. when it rains it pours. more after this. meet the team... behind the team. the coach. the manager. and the snack dad. all using chase to keep up with their finances. the coach helps save goals here, because she saved for soccer camp there. anddd check this out... the manager deposited a check. magic. and the snack dad? he's getting paid back. orange slicesss. because this team all has chase. smart bankers. convenient tools.

we know jordan neeley has a history of mental health. i don't know where his family was every time he got arrested and got let out. i don't know where his family was when he wasn't allowed to finish a 15-week program. there are other people on that train who will say they were in fear not just because of what he was saying or how he was saying it. aoc says he was saying he's hungry. if you are hanging over people and making a menace of yourself and you clear don't have a healthy mind, you are going to frighten people. >> al sharpton says he's not happy. he suizhou about the other three people who are who were helping to restrain him. if you have him in a chokehold or restraining hold. that means three other people thought he was still dangerous. they tried to grab his arm. we have some see the whole tape. these eyewitnesses seem to be firmly in support of the marine. does that matter? >> absolutely matters. and you have to keep in mind. just because this case started with a criminal complaint, down the road alvin bragg will need an indic

but neeley was threatening people. he said i would kill a mother [bleep]er., and started getting in people temperatures faces which started this whole episode. to me that's a crucial element of welter there is any crime here at all. tomi: restarted his argumenteth yesterday. when somebody who is clearly mentally unstable on a subway threatening to kill people. he said he doesn't care if he goes back to jail, he will take a bullet. i don't know about you, but i would like to have a daniel penny on the subway with me. i wouldn't want to be in that situation feeling threatened for my life. this man is not a murderer. he answered the call that so many of our law enforcement answer on a daily basis. we have seen in the last several years a lot of our law enforcement officers had to take a step back because they are so afraid of being caught on that viral video. they are afraid their life will be turned into a social media clip. this to me and the money raised for daniel penny goes to show the american people are sick of this. they want people like him to stand up,

a lot of contact with the criminal justice system and i think it's really fair to look at jordan neeley'sas a missed opportunity of our system to be able to help mr. neely and get the help needed so situation might this would not occur so he wouldn't be demanding help in being angry about a system that failed him. that's why i am personally grateful coming out and making a statement as to informing the mental health system in the city to improve upon it so we don't have tragedies like this happen again. >> at the same time daniel has been called a murderer by some of the july to. many claim he acted based on race. what do you say to those people? >> i would say all those things. that is the simple truth that none of that is based on facts. as to race, it's simply not the motivation for daniel because as you can see just examining what occurred here, danny, remember we are in a car, a small area underground where the doors are closed and locked. it's a scary situation because there is no escape it when you see someone that's trapped and you have nowhere to run the only thing you can do is

exactly the sort of the situation my client -- >> he did call the whole thing a tragedian attorney for neeley'seded to be helped and not taken to the ground. he should feel that penny should be charged with murder and not manslaughter. according to new york times the city had placed him on watch list of 50 homeless individuals who had exhibited concerning behavior but who had refused help. mike. mike: alexandria hoff, thanks for the report. more on the case, he's a senior legal fellow at the heritage foundation and former prosecutor, coauthor of rogue prosecutors how radical soros lawyers are destroying america's communities, hold up the sign. i thought we were going to have the sign for you. at last check $1.7 million pouring in from the community for this marine's defense, what do you make of that? >> well, this shouldn't have happened in the first place. i mean, this young man was disturbed, he was on a watch list we are hearing about now and what he should have been -- what should have happened, mike, he should have been held accountable for many crimes he had been committed and then held a

to draw questions about what happened leading up to the moment the 24-year-old former marine held neeleyown on the ground by his neck. a witness said that neely was screaming at passengers. >> i would be worried that he could be charged with manslaughter charges or criminally negligent homicide charges. he should be worried. >> why? >> because there's a video of him holding neely choking him, using deadly physical force. >> they're screaming there, if we don't get our justice now, we're going to burn it down. protesters marched last night from barclay center in brooklyn to lower manhattan shutting down parts of the manhattan bridge, spray painting the street with justice for jordan and at times clashing with police and chanting "we reject eric adams." they're angry at the mayor for not calling neely's death a murder. >> i have faith in the criminal justice system and let the process take place. those that believe that i should to something differently, i respect that. >> as the nypd and manhattan da investigate, they're hoping more witnesses will come forward. martha, we continue to foll

. >> and what jordan neeley's family is asking for on the day of his funeral. we're back in 60 seconds. funerl we're back in 60 seconds here. because you call these communities home, and we do too. pnc bank. oh booking.com, ♪ i'm going to somewhere, anywhere. ♪ ♪ a beach house, a treehouse, ♪ ♪ honestly i don't care ♪ find the perfect vacation rental for you booking.com, booking. yeah. (woman) with verizon's new myplan, i get exactly what i want. and only pay for what i need. (man) now i'm in charge... ...of my plan. (vo) introducing myplan from verizon. you get exactly what you want and only pay for what you need. and it all starts at just $30. it's your verizon. introducing astepro allergy. now available without a prescription. astepro is the first and only 24-hour steroid-free spray. while flonase takes hours, astepro starts working in 30 minutes. so you can [ spray, spray ] astepro and go. >>> fulton county d.a. fani willis is tell her staff to work from home in august, and asking judges who are scheduling trials or in-person hearings, willis did not give a

but the 24-year-old is facing charges of second degree man slaughter after restraining jordan neeley on a new york city subway. >> shortly after 8:00 a.m. this morning, daniel penny surrendered at the fifth precinct at the request of the new york district attorney's office. >> martha: that's his attorney. judge jeanine and leo terrell at the center of this case and what is happening in our cities. so we're hard at work, helping them achieve financial freedom. we're providing greater access to investing, with low-cost options to help maximize savings. from the plains to the coasts, we help americans invest for their future. and help communities thrive. findings show that repeatedly gripping small and thin can fatigue hands. thicker can feel better. huh? this is dr. grip from pilot. the #1 wide-bodied ergonomic pen and the answer for hands that suffer from writing fatigue. the ergonomic, latex-free, cushioned grip and balanced design make dr. grip the only pen certified by the arthritis foundation for ease of use. so get dr. grip. your prescription for writing comfort. ♪ the all-new ch

neeley's family says the marine should face tougher charges.er federal prosecutor andy mccarthy that wrote a piece on this today as well. andy, you say alvin bragg had to charge daniel penny in this piece that you wrote today. why? >> we should be thinking of him, martha, not as a law enforcement official but as a progressive democrat that has been elected to his office. we've talked about him in connection with donald trump that he campaigned on the island that he would use the powers of his office to go after trump. here i think it's obvious that he's appealing to his constituency. as a legal case, this is very dicey. it's what his voters demanded. >> martha: so with regard to this case, you say in your piece, andy, that it will ultimately come down to the manslaughter charge. we see he subdued this guy on the subway car. we know the others around wanted him to be subdued. they were afraid. then it becomes the question of whether or not he could have restrained him without him dying at that point, right? >> yeah, and also understanding, marth

they want to turn neeley into a political prop. they want to make him a symbol of their identity politics. mbol of and they've even taken street to sanctify him, say, oh, that should have been, bro. i know you're going to get>> the problem worked for water. erica douglas murray is a fox news contributor in "new york post", columnists and he joins us now. now. inu're looking at live protest in new york city. they say they want justice. and i wish we could rerack that video of them blowing smoke in the black cop's face. >> they're trying to antagonize. yeah, yeah. this is where we're at. we got complete maniacs in thiss city. no t one wants to be here anymore, but they they're forced to you. they have force e to families to to take care of. guy who and you have a god that has a track record . no wants a one wants anybody tog no, but what's going on in the subway has to stop. right? every new yorker loses everyone, every new york hasry w a story of meeting somebody y exactly like this. of meetimebody ebeing screamed . you know, somebo