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 out ear
ashley: it is unclear when penny will appear in court. carley: bring in brian craigpool, what are your thoughts on this indictment and what are the chance daniel penny will get convicted? carley, great to be with you. i m not surprised by the indictment, that is lower standard issue just reasonable cause penny committed a crime. the manhattan da has a hard haul ahead. it will be really difficult for him to secure conviction in this case for two big reasons. number one, we live in dangerous times. i m in l.a. and we had one teenage girl killed by a homeless person. she was getting off a bus, i m sure the same danger in new york city. jurors view homeless people in a different way, more dangerous