Whether Neely News Today

of june on thursday morning. good morning, im bill hemmer. hello, dana marie. red, white and blue works. >> dana: i will tell you about an asteroid in a similar situation at the white house and when i got called by the situation room and my reaction. save that for before we go. im dana perino. this is "americas newsroom." we have a lot of news here. want to show you southeast alabama. a small town getting hit by a fourth tornado in four years. >> bill: no reports of any major injuries....

if you looked out the right side of the plane, you would look over the potomac live, you saw a lot of small, nondescript monuments arranged neatly over rolling hills in a place called arlington national cemetery. if you dont have people that are willing throughout our history to stand up, i put on that uniform, risk their lives and in many instances give that last full measure of devotion, then it isnt going to amount to very much. we must fight the good fight, we must finish the race ...

Daniel penny case. a grand jury indicted the marine on one charge of second degree manslaughter. whether neely posed a threat to the safety of other passengers and if penny used excessive force to subdue him. >> good morning. a grand jury deciding there is sufficient evidence to move forward with charging daniel penny. the 24-year-old will head to trial facing the prospect of up to 15 years behind bars if found guilty. the marine veteran is accused of recklessly causing the death of 30-year-old ...

Aggressively defend their client and confident a trial jury will find his actions justified. >> the standard is whether a reasonable person in my clients position would have feared -- would have feared imminent harm, and the reality is, that it wasnt just my client who expresses how terrified he was by jordan neelys actions on the subway train that afternoon. >> neely was mentally ill on the citys top 50 list of homeless people at risk and a criminal rap sheet 42 arrests long including four char...

Bill, as a silver lining. why? because this case is now going to be brought before the spotlight for a much longer period of time, which is going to give his defense team and others like us in the media a real chance to look at a couple of things. number one, what is the right of self-defense in new york? the justification. when does it kick in? why does it kick in? number two, how did we get here the light needs to be shown on untreated mental illness and why it was -- jordan neely was allowed ...

We also know that neely was threatening to kill people. when you talk about whether an action is reasonable, if someone is threatening to kill you, you are justified in using deadly force. penny will claim he didnt intend to use deadly force but would have been justified had he in the face of someone making threats and acting as if they can kill you. you dont need a weapon to be deadly. thats not the issue. the fact that he wasnt armed should have nothing to do with whether the right of self-def...

Seen which, of course, is not the entire episode here, that there are one or two other people who do get involved in this physically. and what is interesting is they are going towards mr. neely, not mr. penny, as if theyre helping mr. penny restrain him. so i think that is a fact that could favor mr. penny. the issue for mr. penny is going on the whether neely was using or was about to use deadly physical force which, you know, thats the tricky question in order for mr. penny to be legally justi...