here is their attorney. but daniel penny chose, intentionally chose a technique to use that is designed to cut off air. that s what he chose. we believe that the conviction should be for murder because that is intentional. joining us now on set is a former manhattan assistant to the district attorney and a criminal defense attorney, both are msnbc legal analysts, both know new york very well. catherine, let me start with you. can you just explain to the folks at home what you are telling me off air, because i had questions about the fact that he hasn t entered a plea. but he was arrested, he s been charged. can you break it down for us? in new york, on a felony complaint, you do not enter a plea. if he is indicted he will be arraigned again in what s called supreme court and then he will enter a plea. probably of not guilty. in new york city criminal court there is not going to be an enter of a plea on a felony
they got video. it could be it s interesting. if the evidence is there to charge him with this manslaughter in the second-degree, arguably, they should go right to grand jury and present that case to the grand jury, let the grand jury decide, let them vote and if it s manslaughter in the second-degree, proceed. this is a felony complaint. it s very different. it hasn t reached that stage. maybe they are looking at other charges. maybe they are gathering other evidence. but they have enough now to charge them. that s a reasonable question. why not go right to the grand jury? this is a complex case i think for the city, for the entire country, trying to figure it out. to some people it s obvious it happened and it shouldn t happened and other people are trying to think through it in different ways. as you think through a grand jury, as you think through perhaps a future jury, what are you thinking of if you were a prosecutor trying to bring this case? well, there is a very emotiona
he spoke to the police. he went to the police station, voluntarily gave his statement and left and all of a sudden after this huge uproar in new york city and people demanding an arrest, alvin bragg as political as they get at this point decides to charge him with murder when the police didn t think it was appropriate to charge him with murder. what we have here is the scenario where they have let him out on bail until july 17. the grand jury will meet before july 17. what is significant about that is since there s notice to the grand jury, the defendant in this case will have the opportunity, that s daniel penny, to testify. the defense will be able to present witnesses in the grand jury. that normally doesn t happen. you know, one of the things to understand about this case is that it has a lot of political implications, which why it s in a felony complaint now. felony complaint can t go
arrest. all of a sudden, after everyone starts writing and demanding someone be arrested, bragg says i am going to charge him with a felony complaint. if you are in a subway car and you have a guy yelling, i don t care if i spend my life in prison, i don t care if i die, that means he is willing to commit suicide or homicide. if he says i am willing to go to jail for life or i want to die, he is suicidal. they want to say they didn t know he had arrests. that is a good point, but his behavior they are, in that car underground where no one could get off or had the ability to run away, made it clear that the people they are can use whatever force is reasonably necessary.
the marine who put jordan neely in a fatal choke hold on the new york city subway is expected to be charged tomorrow with second-degree manslaughter. he is 24 years old. his name is daniel penney. he will surrender to the nypd in the morning. manhattan district attorney alvin bragg is bringing the charges here s a statement. we can confirm daniel penney will be arrested on the charge of manslaughter in the second degree. we cannot provide any additional information until he has been arraigned in manhattan criminal court which we expect a take place tomorrow. judge, what does this mean? judge jeanine: we thought the case was being pre presenteo a grand jury in manhattan. that wasn t happening. alvin bragg made the decision he would file a felony complaint. the fact that he is, daniel penny is charged with manslaughter in the second degree, it is reckless homicide. it has a minimum of one to three