Daniel Penny's indictment is an 'atrocity to say the least': Darrin Porcher

>> Ainsley: THIS MORNING DANIEL PENNY WILL BE INDICTED. >> Steve: SECOND DEGREE MANSLAUGHTER CHARGES FOR PUTTING NEELY INTO A CHOKEHOLD AFTER HE ALLEGEDLY THREATENED SUBWAY PASSENGERS. >> Steve: NEXT GUEST SAYS THIS IS ABSOLUTE MISCARRIAGE OF JUSTICE. DR. DARRIN PORCHER. DOCTOR, GOOD MORNING TO YOU. >> THANKS FOR HAVING ME. >> Steve: IT'S HEART BREAKING TO A LOT OF PEOPLE BECAUSE THEY LOOK AT WHAT DANIEL PENNY DID

AS BEING HEROIC. NOW IS HE GOING TO BE CHARGED WITH SECOND DEGREE MURDER? >> ABSOLUTELY. THIS IS ATROCITY TO SAY THE LEAST. THIS IS A MAYOR NARRATIVE BEING DRIVEN BY THE MANHATTAN DISTRICT ATTORNEY. THIS WAS CLEARLY A PERSON WHO WAS LOOKING TO ASSIST PEOPLE THAT HAD THEIR SAFETY PUT -- PLACED IN DANGER. >> JUST PICTURE IF YOUR KID SUBWAY CAR AND YOU HAD THE SAME INDIVIDUAL

ACCOSTING THEM. WOULD YOU WANT PEOPLE TO JUST SIT BY IDLY AS THEY COULD POSSIBLY BE ASSAULTED? NO. I THINK WHAT MR. PENNY DID WAS SOMETHING THAT DESERVES A HERO'S WELCOME AND FORTUNATE THAT WE RAISED UP TO SHORT OF $3 MILLION IN HIS LEGAL DEFENSE FUND. >> Ainsley: THIS SENDS A MESSAGE TO THE CRIMINALS YOU CAN DO THIS AND GET AWAY WITH IT. CAN YOU HARASS PEOPLE.

AND IF THEY HURT YOU. THEY CAN BE CHARGED. SENDS MESSAGE TO INNOCENT PEOPLE. DON'T GET INVOLVED. TURN A CHEEK. DO NOT GET INVOLVED IN THIS OR YOU COULD GO TO JAIL. >> CITY OF NEW YORK FOCUSED ON WRONG TRAJECTORY. FOCUSED ON PIZZA OWNERS, MIGRANTS COMING INTO THE CITY AFFORDING THEM SHELTER. NOT LOOKING THROUGH THE LENDS OF PUBLIC SAFETY. THIS WAS A PERSON, MR. PENNY, THAT LOOKED

THROUGH THE LENS OF PUBLIC SAFETY IT WASN'T JUST HIM BUT THERE WERE OTHER RIDERS IN THAT SUBWAY CAR THAT ASSISTED TO RESTRAIN THIS INDIVIDUAL AND UNFORTUNATELY BEING PERSECUTED. >> >> Brian: WHAT'S GOING TO BE NEW TODAY. WE ALREADY KNOW IS HE IN FRONT OF A GRAND JURY AND WAS INDICTED. WHAT ARE WE GOING TO FIND OUT NEW TODAY? IS THIS JUST CEREMONIAL? >> BRIAN, THIS IS

MERELY CEREMONIAL THINK WAS THE OFFICIAL INTRODUCTION OF THE CHARGES. EVERYTHING IS NOW BEING UNSEALED. >> Brian: WILL HE BE SURPRISED BY ANYTHING THAT HE HEARS? >> I DON'T THINK THERE IS MUCH THAT GOING TO BE SURPRISING; HOWEVER, WHAT WILL COME OUT IS THE INTERVIEWS OF THE OTHER INDIVIDUALS THAT WERE ON THAT SUBWAY CAR THAT WOULD NOW BE INTRODUCE FLOOD PENNY SO CAN HE BE MORE SO

BE APPRIZED OF WHAT IS COMING MOVING FORWARD IN THE CRIMINAL PROCESS. >> Steve: ULTIMATELY WHAT IS GOING TO BE CONTAINED IN THE INDICTMENT IS SOME EXPERTS FROM THE GRAND JURY AND THE WITNESSES THAT THE PROSECUTOR BROUGHT IN WHO WILL MAKE IT SEEM LIKE DANIEL PENNY WAS OUT TO KILL THE GUY, WHEREAS THERE WERE OTHER PEOPLE WHO ESSENTIALLY WOULD SAY, LOOK, HE WAS HERE. HE WAS GOING

TO SAVE US. >> IT'S GOING TO BE A COLLABORATION ON AMALGAMATION OF A SERIES OF INTERVIEWS AND WHAT THE DISTRICT ATTORNEY MADE AN ASSESSMENT ON THAT'S GOING TO BE PRESENTED TO MR. PENNY. BUT, OVERALL, I THINK MR. PENNY IS IN A GOOD PLACE BECAUSE WE, AS THE MAJORITY OF THE CITIZENS OF NEW YORK, STAND BEHIND HIS ACTIONS, AND THIS IS A MISCARRIAGE OF JUSTICE. IS HE

BEING PERSECUTED IN THE COURT OF PUBLIC OPINION, BEING DRIVEN BY THE MANHATTAN DISTRICT ATTORNEY. >> Brian: BECAUSE EVER THE RACE, BECAUSE EVERYONE INDICATE TUD WAS RACE-RELATED BECAUSE PENNY'S WHITE AND JORDAN NEELY IS BLACK. AND THERE WERE RIOTS THAT HAPPENED AFTER STOPPING SUBWAY CARS. THAT'S WHAT REALLY STEAMED HAVE GOT ALVIN BRAGG INCITED. >> THAT'S THE COMPONENT. ALSO, MR. PENNY BEING A FORMER MARINE AND THE PERCEPTION IS

HE HAD A CERTAIN LEVEL OF TRAINING. WHICH HE COULD HAVE -- WHICH THEY BELIEVED HE WENT OVERBOARD, WHICH IS ABSOLUTELY NOT THE CASE. THIS WAS A PERSON THAT WAS DOING WHAT WAS RIGHT, TO PROTECT US AS INNOCENT CITIZEN