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he was threatening passengers and acting erratically for some time. dana: he put him in a chokehold that led to his death. marine releasing a statement saying it was not his intention to kill him. some people say i was trying to choke him to death which is also not true. i was trying to restrain him. you can see in the video there s a clear rise and fall in his chest. i was trying to keep him on the ground until the police came. i was praying the police would come and take the situation over. dana: authorities waited more than a week to arrest penny prompting outrage on the left. the case igniting debate on race as well as mental health. bill: his family said he struggled with mental illness dana: hi, brian. good morning. look, after listening to evidence and key testimony since may 31st, fox news has learned the grand jury could vote as early as today on whether to indict the marine veteran. a grand jury does not decide whether daniel penny is guilty or not guilt

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