the best father he could be. it s stunning. and do you know where are the boys now? are they okay? are they in good hands? they re in very, very good hands. the family is very comfortable with the family member taking care of them, and by all accounts they re happy and healthy and, you know, have a good life ahead of them. final question in terms of motive there are claims now she was stealing money from him for years before his death, it could have been more than $100,000 possibly. this is local tv report. do you know more about that? yeah, i mean, there are a lot of allegations that she had changed the beneficiary on his life insurance policy, that she d attempted to change the beneficiary on the bisale agreement, the life insurance he had with his business partner, may have forged some documents with the home they were trying to purchase in the neighboring county they were looking to flip. and just some other things looking back made it appear that
tonight, the former u.s. marine who placed a homeless man in a deadly choke hold on a new york city subway arrested and charged with second-degree manslaughter. the manhattan district attorney s office saying, defendant daniel penny continued holding jordan neely even after he stopped moving. neely s family saying they were, quote, overjoyed by penny s arrest but are demanding he be charged with murder. athena jones is outfront. reporter: daniel penny, surrendering to face criminal charges in the death of homeless street performer jordan neely. he did so voluntarily and with the sort of 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 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
will be absolved of my 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. 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 wa, and he ll
cover-up? oh, yes. and of course, erin, it makes sense the best defense is a good offense, and if you re keeping the police and other family members sort of occupied on thinking that you re this good person writing a children s book, talking about your grief, they re not going to investigate the murder. and this was a murder, and the state has filed that. it took them a year to investigate it. it was a pretty long and drawn out process, but the state has put together what looks to be a pretty compelling case against her for murder and for drug possession, which resulted in his death. now so court documents as you talk about do detail years of red flags, two other suspected poisoning attempts included among them. a few years ago the family is on vacation. after his wife gives him a drink eric becomes violently ill, calling his sister saying he believed his wife tried to kill him. then another valentine s day of last year his wife brought him a
sandwich which after one bite broke into hives and eric couldn t breathe. these are significant things which if he thought he was being poisoned, i know you said he wanted to stay in this marriage for his children. did his family know about any of this? did they try to talk him into leaving? they did know about it, and he in fact alerted his family. and even right before the murder he was thinking more and more about getting a divorce. he told his family that he thought she was trying to kill him, and told his family and warned his family if something should happen to him she should be the first person investigated. i have to hand it to the man he tried to tough it out for the three boys she just talked about. he didn t want to lose them even if it was shared visitation or something. working towards saving the marriage but recognizing it was falling apart he struggled with that and ultimately wanted to be