NY Criminal Defense Attorney David Schwartz Talking About Potential Daniel Penny Charges on WABC 7.

0:00
now New York's number one News Channel 7
0:04
Eyewitness News it's been nine days
0:06
since 30 year old Jordan Neely was held
0:09
in a Chokehold on a subway and died
0:11
still no announcement on any charges in
0:14
his death and some city leaders are
0:16
losing their patience While others like
0:18
Manhattan D.A Alvin Bragg are saying to
0:21
let the process play out eyewitness news
0:23
reporter Entei Burkett is live in SoHo
0:25
with the very latest NJ
0:29
and right show day the Manhattan D.A is
0:31
not the only one saying that mayor Adams
0:33
has been urging patients with the
0:35
process since last week but many leaders
0:38
in his own party say that's not good
0:40
enough
0:42
we all saw it we all know what we saw
0:45
public Advocate Jamani Williams says
0:48
prosecutors need to act that Daniel
0:51
Penny should be charged in the Chokehold
0:53
death of Jordan Neely that he should
0:55
have been arrested in the hours after
0:58
the incident Jordan Neely was unjustly
1:00
killed
1:01
and charges must be
1:04
against person who killed him Williams
1:07
and several others in city government
1:09
insist the video speaks for itself that
1:12
Penny suffocated merely and that is
1:15
enough to arrest him perhaps on murder
1:17
charges even before an investigation
1:19
City comptroller Brad Lander New York
1:22
City is not Gotham we can't be a city
1:26
where you could choke someone to death
1:28
who's experiencing a mental health
1:30
crisis without any consequence but some
1:33
witnesses said Neely was ranting
1:35
threatening Riders and throwing trash so
1:38
far Manhattan prosecutors have opted to
1:41
wait instead interviewing Witnesses and
1:43
Gathering additional video before
1:45
presenting the case to a grand jury it's
1:48
our solemn obligation
1:50
to assess the facts and apply the facts
1:53
to the law mayor Adams is warning
1:54
against what he calls a rush to judgment
1:57
while offering sympathy to Neely's
1:59
family friends and supporters many of
2:01
whom have demonstrated in recent days
2:03
the circumstances from around in his
2:06
death are still being investigated
2:08
and while we have no control over that
2:11
process
2:12
one thing we can control is how our city
2:15
responds to this tragedy former
2:18
prosecutor David Schwartz says the mayor
2:20
is right the Chokehold he says was
2:23
likely not justified but the charges
2:25
should be decided by a grand jury I
2:28
don't believe this is a murder case this
2:31
case may be closer to criminally
2:32
negligent homicide it may be closer to a
2:34
manslaughter case the D.A should submit
2:37
all the charges to the grand jury submit
2:39
all the facts give the defendant a
2:42
chance to testify because these are very
2:44
close calls
2:46
a grand jury presentation would now
2:49
appear inevitable when that will happen
2:51
is still not clear what is clear is that
2:54
this investigation is not over tonight a
2:57
lot tonight in SoHo and Jay Burke at
2:58
Channel 7 Eyewitness News