bouncing into the bullpen. carley: which party won t the congressional baseball team. i want to tell you now. todd: steube can rake. carley: i m carley shimkus. todd: i m todd piro, more coming up. marine daniel penny indicted on second-degree manslaughter charge in new york city subway last month. carley: ashley strohmier has the details. ashley: the da is expected to announcement the indictment later this morning. penny has been out on bond after being charged by manhattan prosecutor for second-degree manslaughter. in state of new york, second degree could carry maximum of 15 years in prison weeks after deadly confrontation on the subway. penny s lawyer said his client thought his life and others were in danger. the standard in new york city, you don t have to wait until someone physically attacks or is lying on the ground or worse. the standard is whether a reasonable person in my client s position would have feared eminent harm. ashley: penny spoke out ear
situation. penny s lawyer said, you can t wait until something to intervene. it will be hard for a conviction, daniel penny himself. you heard him speak. he ll be at forefront of this defense. he will testify and humanize what happened in the subway. he is very articulate, a former marine veteran and jurors will perceive him as a hero. todd: bigger picture, you eluded to it. what does this say about human instinct to defend yourself when attacked? to me, this is a grand jury and i understand only the prosecutor puts forward evidence in a grand jury. when you hear they indicted him, that sends a message, if you defend yourself or others, your life could be ruined. this case is bigger than jordan neely, this is public
ashley: it is unclear when penny will appear in court. carley: bring in brian craigpool, what are your thoughts on this indictment and what are the chance daniel penny will get convicted? carley, great to be with you. i m not surprised by the indictment, that is lower standard issue just reasonable cause penny committed a crime. the manhattan da has a hard haul ahead. it will be really difficult for him to secure conviction in this case for two big reasons. number one, we live in dangerous times. i m in l.a. and we had one teenage girl killed by a homeless person. she was getting off a bus, i m sure the same danger in new york city. jurors view homeless people in a different way, more dangerous
available to the grand jury, usually takes 30 to 45 days for normal toxicology report to be processed. he died on may 1. what is in the toxicology report and i think penny s lawyers will argue causation. surprised they have not done independent autopsy. delirium happens when somebody passes adrugs. i m not saying jordan neely was on drugs, if toxicology shows high level of drugs in his system, penny s lawyers could potentially argue might have been another cause of death, for example, a heart attack. see what is in there in terms of ligature marks and were bones
deadly confrontation on the subway. penny s lawyer said his client thought his life and others were in danger. the standard in new york city, you don t have to wait until someone physically attacks or is lying on the ground or worse. the standard is whether a reasonable person in my client s position would have feared eminent harm. ashley: penny spoke out earlier this week, watch this. the three main threats he repeated over and over, i m going to kill you, i m prepared to go to jail for life and i m going to die. i looked around and saw women and children, he was yelling in their faces, saying threats, whole interaction, less than five minutes. people say i was trying to choke him to death, that is not true, i was trying to restrain him.