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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

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