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police and inside that police station as we speak. good morning. it's friday. i'm bill hemmer. >> dana: a lot of news on friday. i'm dana perino and this is "america's newsroom." moments ago danny penny surrendered to police in manhattan expected to appear in court in a few hours. prosecutors will charge him with second degree manslaughter and it could put him in jail for up to 15 years. >> bill: penny is the marine who put jordan neely in a choke hold on a new york subway on the first of may. witnesses say neely was acting aggressively toward passengers repeatedly. his death was rul...

Talking about and why we aren't getting the toxicology report. it is not back yet. they couldn't wait for that. they had to make the arrest now without getting all the facts because i suspect the tox report is not back. another reason to wait for the grand jury. >> bill: life has changed this new york since covid we can admit that. homeless every day, neely was one of them. his family put out a statement saying daniel penny's press release is not an apology but a character assassination and why he believed he was entitled to take jordan's life. here are the past interactions with law enforceme...

Kind of a case. but it can be. so, i suspect they will have an identification very quickly. of course, we really need to know cause of death, manner of death, and time of death. cause of death here is very important. remember, the body was submerged and that means that decomposition would have been slowed down, as compared to a body above ground. now, how he died is a real important issue. toxicology may shed some light. that takes time. that's not like rapid dna. it could take a week or two till we find out what the tox report says but that's where we have to go. and then, time of death is al...

Cause of death here is very important. remember, the body was submerged and that means that decomposition would have been slowed down, as compared to a body above ground. now, how he died is a real important issue. toxicology may shed some light. that takes time. that's not like rapid dna. it could take a week or two till we find out what the tox report says but that's where we have to go. and then time of death is also quite an important factor. it's just very similar to what we were facing with gabby petito's body. here this body was exposed for about five weeks. so i expect advanced decompo...

It wasn't like every other shooting you've seen. i want to bring back cnn legal analyst paul callan and forensic scientist larry kobilinsky. dr. kobilinsky, first to you. the tox report said there was cocaine and alcohol in his system. but if you look really sort of deep down into it, it was pretty darn small. i mean, the amount of cocaine was 36 nano grams per milliliter. that compares to an impaired driver who might have, like, 87. does that that make a difference on how you behave if you have that small amount in your system? >> it's generally difficult to state what one's behavior with a f...