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and the marine put the homeless man in a chokehold and later a recovery position, but the homeless man later tragically died. penny surrendered to police this morning and is now out on $100,000 bail. penny is a decorated marine veteran with no criminal record, strong family ties, good standing in the military and is supposed to graduate from college next week. his attorney spoke to the press earlier today. >> he is dealing with the situation, like i said, with the sort of integrity and honor that his characteristic of who he is and characteristic of his honorable service in the unite...

He took a good statesman-like attitude. he seemed to be saying, okay, let the system play out, and what would that have meant? a case like this that is a tough call where you have a very clear justification defense, in other words a self-defense case, right? >> yep. >> you have to balance the two sides of what occurred. you let the grand jury decide, a jury of daniel penny's peers. no. couldn't happen because a bunch of blm and antifa-wanna bees jumped on to the subway tracks and everybody got the trembles and aoc puts out a few tweets and then the grand jury process goes away. i can tell you ...