Former marine Daniel Penny faces up to 15 years on 2nd-degree manslaughter charge in chokehold death of Jordan Neely.

GALLAGHER: How would you like to be on a subway in New York City and a creepy repeat, criminal who harasses and assaults people picks on the wrong guy and a marine sees him and subdues him. Puts them in a chokehold, and the guy ends up dying. Now the hero marine. The guy is a hero. I don’t care how many black lives matter protesters want to shut down the subway system in New York City. Daniel Penny is a hero. Period. No other way around it. Instead, Alvin, Bragg, the district attorney in New York wants to slap years of prison to Daniel Penny, the 24 year old hero marine. Here is how it was reported on Fox News yesterday.

LLENAS: Hey, Dana. We expected the vote to happen today, and it did. According to two sources, the grand jury has voted to invite Daniel Penny, the 24-year-old Marine veteran will now face trial for the chokehold death of Jordan Neely, the 30-year-old homeless mentally ill man that witnesses say was threatening passengers aboard that New York City subway last month. We don’t know the exact charges that he is being indicted on 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 Penny 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, they 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 caused the death of Neely by keeping him in the chokehold even after he stopped moving. It took 11 days for the D.A.’s office to charge Penny, and the charge came only after days of protests in New York City from activists who were outraged that Penny was not immediately arrested and charged. Penny’s attorneys were reportedly planning on allowing him to testify in front of this grand jury, which would have been a rare and bold move, but Fox News learns that Penny did not, in fact, testify to this grand jury. Now, Penny’s attorneys did release video clips to the press a few days ago in which the Marine veteran defends himself saying he and fellow passengers were scared of Neely and he only meant to restrain, not kill Jordan Neely. If he is found guilty in a trial, he faces up to 15 years in prison if, in fact, the charge is that second-degree manslaughter charge.