neely. >> he did. judge jeanine: two other men hopped daniel restrain neely that day, has your team spoken to them. >> we have, we have spoken to a number of witnesses, because of early stages in the proceedings we have to be careful hu much we reveal, we have spoken to quite a few witnesses and we'll speak with more and get more informing from them, police have also spoken to the witnesses, that stayed on the train. judge jeanine: daniel cooperated with police right after and went to the police station, why was he let go? >> well, i mean, we have remember it was a case of self-defense, police saw that and they did not arrest him, did not take him to the station, they asked him can you come down to the station, he was willing to do, that daniel wants to participate in this whatever investigation was going to be. he did, he went there with them, voluntarily and sat down with the police, danny has nothing to hide, he spoke with the police for as long as they wanted, they made a determination based on wha

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

. >> justice for. >> jordan neely. >> justice for. >> jordan neely [chanting] back up!lease back up. back up. >> what about jordan neely? >> aoc and these protesters actually don't care about jordan neely's death. there were 11 murders on the subway last year. we did a search, aoc never commented on those deaths. transit crime is up 54% in new york city compared to 2021. here are just some of the examples. >> disturbs viral video shows a group of teens punching and kicking a 15 year old boy. the brutal beatdown was captured at the 18 1st street subway station in washington heights. friday afternoon around 3:00 at the subway station david martin was checking subway times when a man ran and shoved david onto the tracks breaking his collar bone. >> this surveillance video from police shows a vicious mugging on a southbound f train platform at 34th street last tuesday about 10:00 p.m. police say the attacker slashed the victim twice while he tried to hold on to his backpack. >> headlines about random unprovoked crime seemingly nonstop recently. >> you can see a man grab a 5

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

neely. >> he did so voluntarily and with the dignity and integrity that is characteristic of his history of service to this grateful nation. >> reporter: the 24-year-old former marine seen in a widely circulated video holding neely in a chokehold for several minutes on a new york subway on may 1st now stands accused of second-degree manslaughter for recklessly causing his death. the manhattan district attorney's office bringing the charge after numerous witness interviews, a review of photo and video footage and discussions with the medical examiner. the prosecutor telling the court witnesses observed neely making threats and scaring passengers, adding penny approached neely from behind and placed him in the chokehold, taking him down to the ground. when the train arrived at the next stop, penny continued to hold neely in the chokehold for several minutes. two other men helping to restrain his arms. at some point mr. neely stopped moving. the defendant continued to hold mr. neely for a perio

the man who died is named jordan neely. witnesses say neely got on the subway and he was shooting.e had not physically attacked anyone, but certainly riders on the subway apparently felt uncomfortable. neely's family says that he was suffering from mental illness. here is an attorney for the family at a news conference earlier today. listen. >> we don't want it where you can kill someone because you thought there was a possibility they could do something to you. there was no attack. mr. neely did not attack anyone, he did not touch anyone. he did not hit anyone. but he was choked to death. that can't stand. >> we're outside court where penny was released on a $100,000 bond. you're learning more about how the manhattan d.a.'s office laid out the details of this case. what are you hearing? >> reporter: yeah, boris. so in court during the arraignment, the prosecutors explained to the judge where they are in their investigation, and this was after neely -- excuse me, after penny had appeared before the judge and the judge agreed with the bail package proposed by the prosecutors, releas

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

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neely's neck, mr. neely appears to be unconscious. penny was initially questioned and released without charges, setting off days of protests in the city calling for his arrest. the incident highlighting issues of balancing caring for the vulnerable with concerns about public safety. neely was known for impersonating michael jackson on the subway. he also suffered from mental illness, homelessness, was known to outreach workers as someone in dire need of help. and while police say neely acted aggressively towards rider on the subway that day, sources tell abc news that penny was not specifically threatened by neely. attorneys for neely's family criticizing the decision to charge penny with manslaughter and not murder. >> the consequences of manslaughter is 5 to 15 years. ask yourself, is that enough? is that enough for someone who choked somebody out on the train and took their life? 5 to 15 years? >> daniel penny didn't enter a plea to one count of second degree manslaughter. he is free tonight on a $100,000 bond. his lawyers say toda

the law firm representing penny expressed condolences to the neely family also stating neely had a doory of violent and erratic behavior and penny never intended to harm neely and could not have foreseen his untimely death. 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's life. we are watching 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, obvious

jordan neely, but the issue is a broader one.ts between 2013 and 2021, including four for assault and others for transit fraud and criminal trespass. he is one of many. the recidivism problem is what we need to 0 in on it. >> there is too much race talk, i think, about crime, dana. when we really know what the issue is. it is people who, as you say, are repeat offenders. most people who come out of state custody have a record of at least ten prior arrests and five prior convictions. to just think about that for a moment, the majority of crime is not solved. we know that it happens but it doesn't result in a conviction of anyone. so the people who are sociopath i can and habitual offenders, when they're in custody many fewer crimes get committed and they are responsible for most of the crime. probably 80% of the crime, the serious crime that we deal with, is recidivism crime. >> dana: it is new york state. it says the three-year recidivism rate for new york in 40%. what does that mean? >> what it means is when somebody comes out o

, but he calls neely's behavior aggressively threatening and says when mr neely began aggressively threateningpenny and other passengers, daniel with the help of others acted to protect themselves until help arrived. it's not just enough for someone to say they believe that they were threatened. there's going to have to be some additional evidence to suggest that jordan neely was acting in a way that a reasonable person would believe that their life was in harm is friend moses harper says. nearly brought joy to everyone he met. everybody loved him, and that's why the uproar has been how how it has a friend of daniel penny spoke to the new york times, saying he believes pennies intentions were to help those around him coming up the new accusations against tiger woods from an ex girlfriend. debate over reparations for black americans the payments that a task force the payments that a task force is now recommending detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is for some adults who are starting hiv-1 treatment or rep

neely and could not see his untimely death. >> jordan was a loving person. >> reporter: a neely familyble. >> justice means an arrest and letting daniel penny have a day in court where he tries to prove that none of this is what we all know it to be, a murder. >> reporter: sources tell cbs news a grand jury could convene as early as this week to see if penny should be charged. they have increased patrols at the subway station, but mental health advocates are pushing for more resources as well. norah. >> norah: nancy chen, thank you. back here in washington, the biden administration announced a new plan to have airlines compensate passengers for preventable flight instructions. disruptions. this includes flights and cancellations not caused by storms, and as nancy cordes reports, you could get cash. >> reporter: when a cancellation as the airline's fault, the president says they should have to pay up. >> you deserve to be fully compensated. your time matters. impact on your life matters. >> reporter: today he vowed to roll out new rules by the end of the year, requiring airlines to cove

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?

neely.ity and integrity that is characteristic of his history of service to this grateful nation. >> reporter: the 24-year-old former marine, seen in a widely circulated video holding neely in a choke hold for several minutes on a new york subway on may 1st, now stands accused of second-degree manslaughter for recklessly causing his death. the manhattan district attorney's office bringing the charge after numerous witness interviews, a review of photo and video footage and discussions with the medical examiner. the prosecutor telling the court, witnesses observed neely making threats and scaring passengers, saying, i don't mind going to jail and getting life in prison, and, i'm ready to die. before penny approached neely from behind and placed him in the choke hold, taking him down to the ground. when the train arrived at the next stop, penny continued to hold neely in the choke hold for several minutes. two other men helping to restrain his arms. at some point, mr. neely stopped moving. the

penny came into contact with jordan neely last monday. according to witnesses, neely, who has a history of mental illness had been acting erratically before the incident. his attorney said his client never intended to harm mr. neely and could not have foreseen his untimely death. thank you so much for joining us. it is time now four "ac 360" as always with anderson. >>> good evening. before we begin with tonight's broadcast, i want to say something about what we witnessed at last night's town hall. many of you have expressed deep anger and disappointment. many of you are upset that someone who attempted to destroy our democracy was invited to sit on a stage in front of a crowd of republican voters to answer questions, and predictably, continued to spew lie after lie after lie. and i get it. it was disturbing. it was disturbing to see and hear that person refer to a black law enforcement officer as a thug, an adjective he used many times to describe black men and called kaitlan collins, the moderator nasty, which is what he calls any woman

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

the witness says it didn't appear neely was looking to attack anyone but a man on the train put neelyhold for an extensive period of time and that ultimately killed neely. neely's dad told the new york daily news that his son struggled after his mother's death and ended up homeless. omar jimenez takes a closer look at exactly what happened inside that subway car. >> reporter: a new york subway ride went from everyday commute to now the focus of an investigation into why a passenger put 30-year-old jordan neely in a chokehold, one that ended up killing him. witnesses say neely was acting erratically as he reportedly said he was fed up and hungry. >> started yelling, violence, language, i don't care if i die, i don't care if i go to jail. i don't have any food. i don't have any -- i'm done. and then he pulled out a jacket, hit it on the floor. >> reporter: alberto was there and says despite any aggressive and frightening behavior, neely hadn't attacked anyone even if he was making passengers uncomfortable. not long after another passenger came up behind neely and put him in a chokehold.

the neely family attorney tell "new york times" witnesses have told them neely was grabbed from behindn place in a chokehold by marine veteran daniel penny. neely's death has been ruled a homicide. has publicly offered condolences saying his client did not intend to choke neely to death. this after the attorney spoke out once again telling quote we will see how things play out. i would just encourage everyone to wait to see how things unfold. be respectful of the presumption of innocence. this case has reignited the conversation about safety on public transit has some criticizing the city's mental health resources. text if you are struggling with severe mental illness, if you have no control of your mental faculties if you have no ability distinguish between right and wrong you are a victim of your condition and should be treated with humanity. >> nypd manhattan das office comport at this case. >> to be cut live in new york city. thanks. >> coming up on the fox report, growing scrutiny over the treatment of thoroughbreds after seven horses die at churchill downs in days and hours leadi

neely was just 14 when his mother was murdered.urch. >> jordan sat right there. and watched his mother funeralized. and he nevern the same.eeoun says after hots atl s d >> i don'tnk ins thomkiood,inforso. >> repter:ollo days of w second-degree manslaughter and was released on bond. neely's family now calling for justice. >> i don't understand why this man was able to walk free the day, he slept so good while my family cried for days because he didn't deserve it. >> reporter: daniel penny is due back in court in july. he has not entered a plea. in the wake of neely's death, j.b., new york city's mayor also announced new funding and resources to help those suffering mental health issues. >> james: in new york city, shanelle kaul, thank you so very much. well, this afternoon, a federal judge ruled that the massachusetts air national guardsman accused of leaking highly-classified documents will remain behind bars, pending trial. prosecutors argue that 21-year-old jack teixeira posed a risk to america's national security and remains a s

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

neely had 42 prior arrests raise families attorneys have pointed to neely's mental health struggles and mother's murder as factors. neely was known to say social workers and reportedly on a roster of those at the most of your troubles. prosecutors say on may 1 and threatening other subway wri writers. i cemented chokehold taking him down to the grandpa das office as at some point neely stopped moving but penney continued his hold. the family's legal team argues he knew the outcome of his actions. >> when you are training and combat that gives you something the average person does not have. it gives you options. a gauge of the option of a bear hug and, of, of many other things. but daniel penney intentionally shows a technique to use that is designed to cut off air. >> pen eight will be back in court in july. as of saturday evening a fundraiser for his legal defense has a little more than a million dollars. jordan neely's funeral is set for this coming front of prominent civil rights leader reverend al sharpton set to deliver the eulogy. jon: cb cotton live in young city, thanks. so as j

the system failed jordan neely. >> martha: on multiple levels.as to step up where the city has not. it ended tragically and a jury will decide. thanks. good to have you here as always. a live look at the white house as president biden gears up for a make or break meeting which is just a little over an hour away. he will finally sit down with speaker mccarthy and hopefully negotiate the nation's spending limits. karl rove on what to watch in this process next. . >> we're in this problem because when the democrats took the overall majority just a few years ago, they spent $6 trillion. that brought us inflation, brought us banks closing. k busir card is made for people like sam who make...? ...everyday products... ...designed smarter. like a smart coffee grinder - that orders fresh beans for you. oh, genius! for more breakthroughs like that... ...i need a breakthrough card... like ours! with 2.5% cash back on purchases of $5,000 or more... plus unlimited 2% cash back on all other purchases! and with greater spending potential, sam can keep making sm

neely in a chokehold in a subway car. neely was pronounced dead at a hospital. witnesses say mr.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 reaction to daniel penny being charged? >> well, i immediately called andre zachary, who's jordan's father, as soon as i got a call from the d.a.'s office. i wanted him to hear for himself the words that daniel penny was being charged. i als

neely was just 14 when his mother was murdered.urch. >> jordan sat right there. and watched his mother funeral lives. and he has never been the same. >> rep>> reporter: between cousn says after his mother's death, he battled mental illness and homelessness. >> i don't think it makes sense that someone can get killed over asking for something to drink. >> reporter: following days of protest, penny was charge a second-degree manslaughter and released on bond. speed 21's family now calling for justice. >> i don't understand why this man was able to walk away the night he slept so good while my family cried for days because he didn't deserve it. >> reporter: daniel penny is due back in court in july. he has not entered a plea. in the wake of neely's jet know my death, j.b., new york city's mayor also announced new funding and resources to help those suffering mental health issues. >> james: in new york city, shanelle kaul, thank you so very much. well, this afternoon, a federal judge ruled that the massachusetts air national guardsman

when it was over, neely was unconscious. ems attempts to revive the 30-year-old failed the medical examiner ruled his death a homicide by chokehold. so far there are no criminal charges the 24-year-old who held neely in a headlock was taken into custody, and then released according to police the video obtained by nbc new york shows neely in a chokehold for nearly three minutes. the witness who took it said neely got on the subway and was acting aggressively, telling riders 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 today new york's governor called the chokehold a, quote, extreme response. >> there had to be consequences, and so we'll see how this unfolds, but his family deserves justice. >> reporter: the d.a.'s office is asking people to come forward. the central question is whether force was justified. were people on the train threatened was it self-defense? mayor eric adams saying he won't rush to judgment. >> i have

what happens to them is of rdon neely --jordan neely,ewehe who is in distress.e graffiti scribbled near where he died said who killed jordan neely? and in some ways it is all of us. geoff: are there any results? errol: the number of cops was doubled and i think tripled. a lot of overtime is being spent and a lot of cops are in the subways. the number of arrests has more than doubled, the number of crimes have plummeted so that response has yielded results. what it has not done is dealt with people in need, who are perhaps disorderly, perhaps homeless. you cannot arrest somebody, you cannot arrest your way out of those problems. that doesn't get that person an apartment or addicted -- addiction treatment or whatever assistance they might need and that has been the stubborn remnants of a policing approach that some people have condemned as the wrong tool for the current situation. you certainly don't want pickpockets and muggers running around in the subway plying their trade but you also don't necessarily want to apply an anti-crime policing approach to people wh

neely stopped moving. the defendant continued to hold mr. neely for a period and then released him.rgue he risked his own life and safety to protect himself and fellow new yorkers, resulting in the unintended and unforeseen death of mr. neely, adding they are confident penny will be absolved of any wrongdoing once all the facts are known. lawyers for the neely family hailing penny's arrest. >> we're closer now to justice than we were a week ago because daniel penny has been arrested. >> reporter: even as they argued he should be charged with murder. >> there was no attack. mr. neely did not attack anyone. he did not touch anyone. he did not hit anyone. but he was choked to death, and that can't stand. that can't be what we represent. >> reporter: neely's killing sparked days of demonstrations in new york city, with protesters demanding penny's arrest. meanwhile, a legal defense fund set up by penny's supporters had raised more than $400,000 by friday afternoon. >> daniel, did you do it? >> reporter: now prosecutors must prove their case. before being released, daniel penny was order

neely was on the risk list for people of concern. neely had been making threats and threatening passengers when penny threatened to restrain him. he has been charged with second-degree manslaughter and rushing to do so according to jordan neely's attorney. we were told there would be a grand jury presentation and that would take time and it would be a deliberate process, not rushed. then suddenly, we got a call one night before danny was asked to surrender and said he has to surrender tomorrow. what do you mean tomorrow? this is going to be a long process. it is tomorrow. that tomorrow was friday, when daniel penny turns himself in, he faces time in prison if convicted. back to you. >> ashley: thank you, dana lash has an important question for protesters who want daniel penny thrown in jail, listen to this. >> where was this attention to jordan neely when he had 44 priors or attention to jordan neely when he was known to be homeless and known to be hungry or known to be in need of something? it is odd to me how all of these people sh

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

>> jordan neely!for justice ringing throughout new york city for jordan neely, a man who was killed on a new york city subway by another passenger who placed him in a chokehold. >> the person posed no threat. he was screaming for food and drink. he had no weapon. he didn't assault anyone. how did he end up dead? >> reporter: the manhattan district attorney is investigating the incident. the former marine who placed neely in the chokehold was interviewed by police after the incident and released according to a law enforcement source. >> 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. his family deserves justice. >> reporter: the passenger who recorded this disturbing video says neely had been acting erratically before the incident, shouting i don't care if i die. i don't care if i go to jail. i don't have any food. but he says neely did not try to attack anyone on the train. >> we arrive at the station, the door's ope

they will not perk walk people like neely, but they will do it for jordan neely so bragg can appease the social justice mob. >> you haven't seen as much of him as a murderer or this was a lynching. the conversation has calmed down a bit and what do you think that means about the case? >> there is another silence going on, the protest. there was collusion going on between the house and brags of the world and the protesters on the street. that is the new variable, how the mob can put their thumb on the scale and influence the justice system. i hope the guy gets a fair trial but as long as you have a mob ready to intimidate you, they are going to do it and that is what they have been doing. to summarize the story, mentally deranged violent felon menacing passengers, someone gets help, they get the guy into a recovery position, people think him him in the variable that is left out is race. this guy could have been norwegian, but his inclination for violence, which is obvious, you don't need to know he had 44 arrests to know what he is going to do. if you walk the streets, you can see it

he said quote in 2015 jordan neely kidnapped a seminole growth in 2019 jordan neely punched a 64 oldet in the face in 2021 jordan neely slug 57 old woman in the face as she exited the subway breaking her nose and fracturing her orbital bone. neely was arrested 44 times never faced real justice for terracing new yorkers. matt has district attorney sure is responsible for his death for creating an anti- law enforcement culture. habitual phones like the neely should not roam freely to terrorize and print instant members of our community. so someone's eyes blame the victim but others would say this is a proper commentary on the government's failure, massive failure to deal with those who are mentally ill and desperately need help. as well as doing with the criminal element. where can we go from here? can this be rectified by government? what do we need to do? >> you know currently have got to take a strong look we need to find a way to treat them properly. but i can tell you i do not care how many charges the sky had in the past, it's going to be what he was to make on that subway at tha

neely is of a very slight build.or, we are trained to restrain in a way that keeps the person from being seriously hurt. there's a way to do that to keep someone from being seriously hurt. that was not -- that was not done here. on the question of vigilanteism, ak med aubry was murdered by vigi vigilantes. trayvon martin was murdered by vigilantes, and now we have another case here where this person seems to have gone too far. >> does it matter to you whether the person intended to harm him or thought he was helping? >> well, that's the question, right? the question is around intent. >> motive is incredibly important. >> intent is the question, but again, my question is this, you know, again, i've been in these situations with students and adults, proximity, compassion, engagement, moving people to the other side of the car, if you have to restrain around the arms and chest area like a bear hug until the person calms down. there were two other people in the video who were helping. why the pressure on the neck until s

neely was let down by the system. neely had 42 the prior arrests.clearly has mental health issues as well. the system let him down. and now we've got a marine veteran -- desperate -- veteran who stood the up. this guy had pulled out a gun and shot everyone, he would have been hailed a hero, but instead we have protesters decrying him a murderer. >> tom, listen to what mayor adams said here. it sounds like he's almost leaving open the possibility that they're trying to be open-minded about it, but when you listen to other people, it sounds like they've made up their mind. listen to what mayor adams said. >> i asked to get the body cam, and i realized that they were there in six minutes. and i said, well, where did the 15 minutes come from, you know? someone blurted it out, and all of a sudden it became facts. and so we have to be very careful that facts is based on the actual facts and not what we want to create them to be. i just want to be clear, it did not take police officers 15 minutes to get there. >> before i go to you, or tom, listen to the w

witnesses say he held him there until neely stopped breathing.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. edwards: daniel penny chose, intentionally chose, a technique to use that is designed to cut off air. that's what he chose. and he chose to continue to hold that chokehold minute after minute, second after second, until there was no life left in jordan neely. geoff: the killing touched off widespread protests in new york over policing and a lack of support from the city for those who are homeless and mentally ill. to unpack all this, i'm joined by errol louis -- he hosts insi

neely had been a dancer and a michael jackson impersonator in times square.llness and had a history of prior arrests. family and friends say neely was deeply impacted by his mother's murder in 2007. >> he never got over that. there was a lot of pain inside that was unresolved. >> reporter: in a city still struggling with subway crimes and strapped mental health facilities, the circumstances surrounding neely's death has generated debate among those still trying to understand what happened. >> there is definitely a blurry line of what is too excessive, what is not. >> i don't think you can go around putting people in chokeholds. >> reporter: and, pamela, right now, a demonstration underway. you can see there are a number of supporters who have gathered here calling for justice for jordan neely. we've seen a number of these types of protests pop up over the last the past 36 hours or so. the mayor told all of those people who have taken an interest in terms of what has happened there on the subway on monday to wait for the investigative process to play itself ou

the jury could hear neely's criminal history?nal history based on bad prior acts. mainly convictions. yes, there is a possibility that criminal record will come out. if i'm the defense attorney for penny, i will bring that up. the prosecution will try to keep that out because they want to make this a case about the reckless behavior regardless. whatever neely had going on, pennies reactions were reckless. i think that this will go to trial. this will go to a jury. there is a lot at play. this will just go out to a jury, for sure. a lot of narratives that play. black versus white, conservative versus liberal. high crime in the city subway speared a lot of narratives going in. it really boils down to was penny acting on behalf of others and whether a jury will that in order for him to be acquitted. >> a black versus white in the racial aspect to this. adrian adam speicher of the new york city council. there are two parts to this. first has to do with racism. "systemic racism that robs us of our basic humanity in life and death shou

marine who put neely in a choke hold after neely reportedly started yelling and threatening passengers. progressive congresswoman alexandria ocasio-cortez getting into the mix early quoting neely's death was a public execution. before that she called it a murder. the death, however, was ruled a homicide by the coroner's office simply meaning the cause was another person. mayor eric adams called alexandria ocasio-cortez's claims irresponsible. >> those will criticize no matter what's done. i have a responsibility for this entire city. and i have faith in the criminal justice system and i am going to let the process take its place. those who believe that i should do something differently, i respect that. but i have to make the right decision for the city of new york. >> harris: 27 other people have died in our subway system here. they didn't get this kind of response from the far left. the pressure again is on that d.a. alvin bragg. will he call this something that will pitch to the far left and keep them happy? is that the goal for the soft on crime prosecutor? we'll watch. for now fox

neely's nick, mr. neely appears to be unconscious.tially questioned and released without charges while police say neely acted aggressively toward riders on the subway. sources tell abc news that penny was not specifically threatened by neely. attorneys for neely's family criticizing the decision to charge penny with manslaughter and not murder. >> the consequences of manslaughter is five to 15 years. ask yourself, is that enough? >> juju: our reased inflncno as th liverng millions of followers extolling the virtues of ancestral living. now raising questions about how men cope with body dysmorphia and steroid abuse. here is abc's chief national correspondent matt gutman. ♪ ♪ ♪ ♪ >> reporter: so i'm here outside houston, texas, in this community. to meet one of the most controversial people on the internet. i have been hounding him for a year to do this interview. >> how are you doing? we are going to have a great time gngve a gootime torring. is anybody keeping count? >> reporter: as far as internet celebrities know, there's nobody qui

neely and could not have foreseen his untimely death. >> jordan was a loving person. >> reporter: a neely family attorney says penny needs to be held accountable. >> so justice immediately means an arrest and letting daniel penny have a day in court where he tries to prove that none of this is what we all know it to be, a murder. >> reporter: sources tell cbs news a grand jury could convene as early as this week to determine if penny should be criminally charged. police say they've increased patrols at this subway station, but mental health advocates are pushing for more resources as well. norah. >> nancy chen, thank you. >>> back here in washington, the biden administration announced a new plan to have airlines compensate passengers for preventable flight disruptions. now, this includes delays and cancellations not caused by storms. and as cbs's nancy cordes reports, you could get cash. >> reporter: when a cancellation is the airline's fault, the president says they should have to pay up. >> you deserve to be fully compensated. your time matters. the impact on your life matters. >> repor

the man who died is jordan neely. and was shouting, but he had not physically attacked anyone. his family says he had been suffering from mental illness as well. outside of the courthouse where he had been released on $100,000 bond. how did the manhattan police department approach this? what evidence did they present to justify this charge? >> jim, we used a little bit of information of how they got to second-degree manslaughter charge at penny's arraignment. what one of the prosecutors said that since that may 1st chokehold that led to neely's death, and the d.a.'s office and nypd interviewed a number of witnesses and footage and 911 calls and responding officers to the scene. he told us more information of the time line of events. what they said is that jordan neely had entered the subway at the one stop in lower manhattan and witnesses observed mr. neely making threats and scaring passengers. it is then that penny had come up from behind, put neely in the chokehold and held him in that chokehold. they said that the

neely did not die of mental illness or addiction.o the medical examiner because mr. penny suffocated him to death. >> he couldn't have known his legal history, and he couldn't have known his mental health history. last question, could any of the other people standing in the train also be accused of a crime for watching him die. >> yes, just as three other officers were implicated in george floyd's death, other people who helped mr. penny, held mr. neely down, there should be an investigation, and if charges are appropriate, charges should be brought. >> we'll keep watching this. paul butler, thank you very much. >>> still ahead, florida officials reject dozens of new textbooks and force changes in others. in desantis's right wing war on learning stuff. we'll be right back. k. oon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcare and get help protecting yourself from the out-of-pocket costs medicare doesn't pay. because the time to prepare is before

neely stopped moving. the defendant continued to hold mr. neely for a period and then released him.afety to protect himself and fellow new yorkers, resulted in the unintended and unforeseen death of mr. neely, adding they're confident they'll be absolved of wrongdoing. lawyers for the neely family hailing the arrest. >> we're closer to justice than we were a week ago because daniel penny has been arrested. >> reporter: even as they argued he should be charged with murder. >> there was no attack. mr. neely did not attack anyone, he did not touch anyone, he did not hit anyone. but he was choked to death, and that can't stand. that can't be what we represent. >> reporter: neely's killing sparked days of demonstrations in new york city, with protesters demanding penny's arrest. meanwhile, a legal defense fund set up by penny supporters had raised more than $400,000 by friday afternoon. now prosecutors must prove their case. before being released, daniel penny was ordered to turn over any passports he has and he'll have to ask permission from new york state if he wants to leave the state

it was a seminal in a moment in jordan neely's life and began to spin out of control.arrests and he was a subway performer and michael jackson impersonator and cycle of violence and mental health problems including cold cobbing and sucker punching people on the subway. two and one month apart breaking one victim's nose in 2019, punching a 64-year-old man in the face. he was charged with attempted kidnapping of a 7-year-old girl, dragerer down the street and oue street and put in jail for a few months and after that punch ago 74-year-old woman in the face and breaking her nose. liz jordan neely's attorneys pointed out there's no way daniel penny would have known his criminal history. he also wouldn't have known he was a michael jackson impersonator or what he looked like when he was 20 years old. what he would have known was the violent potentially volatile man on the subway making threats that day in the state and condition and visual appearance he was in that day. that's what's relevant to the interaction. pete: and he all the other passengers by the way who gave him

neely later lost consciousness and was pronounced dead at the hospital.rs says he died because of compression of the next. the manhattan district attorney's office says they're assessing all photo and video footage to identify as many witnesses as possible. >> people who are dealing with mental health illness, should get the help they need and not live on the train. i'm going to continue to push on that. >> reporter: last year eric adams was criticized for directing first responders and the 9 to enforce a lot that allowed them to involuntarily commit people suffering a mental health crisis. protests in support of neely have called for answers. >> it could have been somebody broke it up or anything. it's not the whole situation. at the same tile, he don't deserve to lose his life. >> i think he should still be alive today. >> reporter: and that last part is the main controversy here, that people feel no matter what happened beforehand, this shouldn't have ended in death. now as for the person who did the chokehold, we reached out to who we believe is him.