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a suspect in court. the man accused of killing a homeless street artist in new york city is arraigned. his lawyer says the former marine ha his head held high, but prosecutors laid out the case against him in the case that could put him behind bars. the battle forb bakhmut in ukraine is heating up. they claim it's gaining ground in admits to losses north of the city. are the battles part of kyiv shaping the battlefield for a counteroffensive that they hope could end the war once and for all. and now what? title 42 is expire d and border officials are seeing a spike in the number ...

The man that you see here, former u.s. marine daniel penny earlier today walking out of a police precinct in new york in handcuffs. he was just arraigned and charged with second degree manslaughter after this. you can see penny here on a new york city subway earlier this month. he's accused of shoek choeking a homeless man to death. the man who died, his name is jordan kneely. witnesses say that he got on the subway and he was shouting this he had not physically attacked anyone. at which point penny put him in a choke hold and died. his family said he had been suffering from mental illness. he...

History of service to this grateful nation. >> reporter: penny was arraigned a short while ago. hfs released on a bail package proposed by the prosecution. it was $100,000 in a cash insurance bond. he also has to surrender his passport. we did learn more about the investigation and what happened. what one of the prosecutors said in court was that they have conducted numerous eyewitness interviews, reviewed video tapes and interviewed the responding officers a at the scene. here's what they told us about what happened that day. they said kneely entered f train and there he was making threats an...

And two additional males joined in and restrined his legs. now the prosecutor also said that he then stopped moving, but penny continued to hold him for a period of time. they did not say how long he continued to hold him after that. but then the paramedics arrived on the scene. they tried to resuscitate him. he was pronounced dead at the hospital. one reason that prosecutors were not seeking to remand him was because penny did cooperate on scene. he's continued to cooperate with their investigation. they did not see him as a flight risk. >> let's go to omar jimenez. the family of jordan has b...

He did not hit anyone. but he was choked to death. that can't stand. >> cnn's is outside of the court where pennies was arraigned. we heard one of daniel penny's lawyers talking about what appears to be a preview of the defense they may use. >> earlier today before this arraignment took place, penny's lawyers were speaking to the media after he surrendered himself to be arrested. and his lawyer was highlighting his military service and stepping in on the subway car. take a listen. >> daniel penny surrendered at the request of the district attorney's office. he did so well. with the dignity and...