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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 o ....
saying. we begin in brownsville, texas. border patrol reports a record-setting 83,000 migrants crossed illegally this week alone. that is equivalent to a full capacity dallas cowboys football stadium crossing our border in a week. downtown brownsville, texas, where evidence of migrant releases is everywhere you turn. venezuelan migrants can be wandering with folders containing paperwork after their release from custody, despite claims from the white house such releases are not happening. the claims that they are allowing mass release of migrants is false. the migrants say otherwise. i doubted if i was going to be allowed in. not everyone is smiling. fox cameras are rolling as ice loaded up with illegal immigrants. the agency stresses there are consequences for crossing the border illegally. fox news was in mexico as title 42 expired at midnight. we watched as a group gathered to cross into brownsville illegally with one man getting into the water. national g ....
Safety interacting with mental health and the question we have to ask ourselves, are we going to intervene when we see a dangerous situation? how many times have we seen videotapes across the country of kids getting beaten up at school, kids getting assaultd and nobody jumps in to intervene to help. that is the question this jury will have to struggle with. penny jumped in. he didn t wait. you heard his comments. jordan neely say, i m going to kill people, throws his coat off. he will argue, i had to jump in, i saw kids in the subway. carley: toxicology report has not been released publicly. do you think that information was made available to the grand jury? that s a great question. i was going to get to thattin po. i don t think it was made ....
By a state judge. his attorney cited the former marine s good standing with the military and no previous criminal record. dealing with the situation like i said. it s integrity and honor. reporter: prosecutors pointed out several witnesses observed neely making threats and scaring passenger. he heard neely say, he was hungry. he was thirsty, he didn t care about going to jail. prosecutors say the defendant approached the victim from behind and placed him a choke hold. taking him down to the ground. at some point, neely stopped moving. in a statement manhattan d.a. alvin bragg says the investigation has included witness interviews, careful review of photo and video and ....