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washington. penny is charged with the death of neely. alvin bragg needs the go-ahead from a grand jury before he can prosecute. neely made comments and his attorney describing something the grand jury will have to consider, penny s state of mind when he restrained neely. what was his mindset when he put jordan neely in a choke hold? well, the mindset is pretty simple. he was fearful for the safety of those passengers. so when he acted, his mindset was to keep his fellow passengers safe from attack. dana: nate foye is live with more. the vet says he would do the same thing again in similar circumstances and denies race played any role. he said i judge a person based on their character, i m not a white supremacist. he is charged with second degree manslaughter for this alteration on the subway you see here. he said he was on his way to the gym when he encountered jordan neely. his lawyers say he was protecting others after neely was threatening people on the train. he s

1 5Bret baierDana perinoYou add fentanylGrand juryAmerica s newsroomBill hemmerDaniel pennyAlvin braggGo aheadState of mindChoke holdPenny sJordan neelyNate foyeDegree manslaughter