Hello everyone, I'm Dana Perino along with Katie Pavlovich, Jessica Tarlov, Jesse

Waters and Greg Gutfeld. It's 5 o'clock in New York City. This is the 5.

Breaking news sources telling Fox News that former Marine Daniel Penny has just been

indicted by a grand jury in the chokehold death of homeless man Jordan Neely aboard a New

York City subway train. Ryan Yanis has the very latest. Hey Brian. Hey Dana, well we expected

the vote to happen today and it did. According to two sources, the grand jury has voted to indict

Daniel Penny. The 24 year old Marine veteran will now face trial for the chokehold death

of Jordan Neely, the 30 year old homeless mentally ill man that witnesses save was threatening

passengers onboard that New York City subway last month. We don't know the exact charges

that he's being indicted on yet, but he was facing a second degree manslaughter charge.

This grand jury had been hearing evidence and witness testimony on this case since May 31st.

They weren't considering whether Penny was guilty or not guilty, but rather whether there

was enough legally sufficient evidence and reasonable cause to believe that a crime had

been committed here. The bar for indictment is low. They only needed 12 of the 23 grand

jurors to vote yes to indict and they have. There will now be a trial. The Manhattan District

Attorney Alvin Bragg says said that they believe there was enough evidence witness interviews,

photos, videos. In this case to prove that Penny recklessly caused the death of Neely by

keeping him in the chokehold even after he stopped moving. It took 11 days for the DA's

office to charge Penny and the charge came only after days of protests in New York City

from activists who were outraged that Penny was not immediately arrested and charged.

Penny's attorneys were reportedly planning on allowing him to testify in front of this

grand jury, which would have been a rare and bold move. But the Fox News learned that

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