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communities on the brink, as thousands cross into the u.s. daily. we are live once again at the border. plus, released on bond. the u.s. marine who held a homeless man in a deadly chokehold on a new york city subway is now out of jail, after his first court appearance. daniel penny is facing a second-degree manslaughter charge. we have the latest on this case. >> and the oklahoma governor is waging a war on a pbs station, the home of "sesame street." why the governor says it doesn't line up with oklahoma values. we are following major developing stories and many more coming in here t...

retreating. video from the front lines tonight showing putin's soldiers abandoning their posts. we'll show you this new video. ukraine pushing russia back from a key city. we're going to go to the front lines tonight. and desantis tonight picking up nearly 40 new endorsements. i'm going to talk to one gop donor who just met with him. will he back him over trump or not? and. new details tonight about the utah mother who wrote a children's book grieving her husband, is now charged with his murder. the attorney for the victim's family is my guest. let's go "outfront." and good eve...

Second-degree manslaughter for recklessly causing his death. the manhattan district attorney's office bringing the charge after numerous witness en interviews, a review of video footage and discussions with the medical examiner. the prosecutor telling the court witnesses observed neely making threats and scaring passengers. penny approached him from behind and placed him in a chokehold, taking him to the ground. when the train arrived at the next stop, penny continued to hold neely in the chokehold for several minutes. two other men helped to restrain his arms. at some point mr. neely stopped ...

>> reporter: yeah, boris. so in court during the arraignment, the prosecutors explained to the judge where they are in their investigation, and this was after neely -- excuse me, after penny had appeared before the judge and the judge agreed with the bail package proposed by the prosecutors, releasing him on a $100,000 bond and surrendering his passport. so the prosecution had explained it this way. this was prosecutor steinglass. he said they interviewed numerous eyewitnesses, reviewed video footage, reviewed 911 calls and interviewed responding officers to the scene. this took place on may 1...