marine veteran will face trial for the chokehold death of jordan neely on a new york city subway train. ashley strohmier is live in the newsroom with the breaking information. ashley? reporter: hi, there. a man who put a new york subway ride in a fatal chokehold will be returning to court. daniel penny will be arraigned following an indictment by a grand jury that he has been out on bond after being initially charged by manhattan prosecutors for manslaughter. in the second degree after the death of jordan neely on may 1st. the grand jury indictment is a procedural step that will allow the criminal case to move forward. penny s attorney maintains the defense that his client believed neely was a threat to himself and passengers. the standard in new york state is not you don t have to wait until someone physically attacks. you don t have to wait until somebody is lying on the ground or worse. the standard is whether a reasonable person in my client s position would have fe
we ll explain his public comments following his arrest and arraignment that might be used by federal prosecutors to convince a jury of his guilt. we re joined now live from miami. evan, trump is back in his bedminster, new jersey golf club. where does the case go from here? reporter: jake, we have a lot of developments that are going to be happening very, very quickly. first of all, his co-defendant, walt nauta, we ll see him back in court before a magistrate in a couple of weeks. he, as you remember yesterday, he didn t have a lawyer who could practice here in the southern direct of florida. so he will have to hire a new lawyer and get arraigned for the pirs time again in a couple of weeks. the former president, his case can move forward. we no e that the judge who is overseeing this is going to have a lot of issues to face head on. one is the whole process of reviewing these national security documents at the center of this case. we know that the defense is going to want
sources, the grand jury has voted to invite daniel penney, the marine veteran will now face trial for the choke hold death of jordan neely, 30-year-old homeless mentally ill man that witnesses say was threatening passengers aboard the new york city subway last month. we don t know the exact charges that he is being indicted on y yet, but he was facing a second-degree manslaughter charge. this grand jury had been hearing evidence and witness testimony on this case since may 31st. they weren t considering whether penney was guilty or not guilty, but rather whether there was enough legally sufficient evidence and reasonable cause to believe that a crime had been committed here. the bar for indictment is low, he only needed 12 of the 23 grand jurors to vote yes to indict, and they have, there will now be a trial. the manhattan district attorney alvin bragg said they believe there was enough evidence. witness interviews, photos, videos, in this case, to prove that penny recklessly
this breaking story. good evening,. bret, good evening. two sources tell fox news a manhattan grand jury has voted to indict 24-year-old daniel penny in the chokehold death of 30-year-old homeless man jordan neely which means this case will go to trial. penny was indicted ton a second degree manslaughter charge for placing neely in a chokehold killing him on board a new york city subway train on may 1st. the grand jury was not considering his guilt or innocence but, rather, whether there was sufficient evidence and reasonable cause to believe that a crime had been committed here. it took 11 days for manhattan district attorney alvin bragg s office to charge penny. and the charge came only after protests in new york city from activists outraged penny was not immediately arrested and charged. prosecutors said they had enough evidence, witness interviews, photos, and videos to prove that penny recklessly caused the death of neely by cleaning him in a chokehold even after neely
outfront next, sources close to trump say they re preparing for yet another indictment. this as the attorney general fights back against trump s attacks. plus, exclusive cnn reporting from the front lines. ukraine making significant gains across the south. our crew on the scene taking cover as a russian plane dropped bombs nearby. our fred pleitgen is there. and a spoiler alert, the white house trying to squash a possible bid by the group no labels. how much could a third-party candidate hurt biden? let s go outfront. good evening, i m erin burnett. outfront tonight, team trump bracing for the former president to be indicted, again, this time in georgia. sources close to the former president tell cnn they believe the former president will be indicted there for trying to overturn the 2020 election in georgia. it s a new development, it comes as the attorney general merrick garland is breaking his silence speaking for the first time after the historic indictment of