NEW YORK – Daniel Penny’s defense team called a number of character witnesses to the stand Tuesday, including two Marine sergeants who served him, his mother, his sister and other friends – all of whom praised his character and integrity as he fights charges of manslaughter and criminally negligent homicide for the subway chokehold death of Jordan Neely.
Penny, 26, faces up to 15 years in prison if convicted on the top charge of manslaughter. He also faces a lesser charge of criminally negligent homicide for the death of Neely, a 30-year-old homeless man with a history of mental health outbursts, drug abuse and criminal behavior, some of which took place on the subway.
Nolan Drylie, Penny’s former platoon sergeant who left the Marines on a medical separation and is now an Alabama farmer, revealed that Penny received a Humanitarian Service Medal for his work during the Hurricane Florence response in 2018.
Gunnery Sgt. Nathaniel Dunchie, who remains on active duty and traveled to New York from Texas to testify, testified that “discrimination is not tolerated in the Marine Corps” and that Penny “absolutely” showed integrity and honesty.
Penny had a reputation as a calm and peaceful person, he said, and was honorably discharged.
Upon cross-examination, prosecutors questioned both men about their social media posts.
Another friend, an airline pilot named Steven Strachan, said he moved to New York from California and had no friends until he met Penny, who showed him the ropes of living on Long Island’s South Shore and boating in the Great South Bay to and from Fire Island. He said Penny had a reputation for being honest and empathetic.
“I was very appreciative that Danny opened his arms to bring me in as his friend to his whole community,” he said.
Gina Flaim-Penny, the defendant’s mother, also testified Tuesday.
After his honorable discharge, he returned to New York to study architecture at New York City Tech in Brooklyn, working nights at a restaurant in the same borough and teaching swimming lessons at a gym in Manhattan’s East Village, she said.
The witnesses followed the defense team’s first two character witnesses who testified Monday, including Penny’s older sister, Jackie.
Neely barged onto the train, threw his jacket on the ground and started shouting death threats, telling straphangers he did not care if he went to prison for life.
During the outburst, Penny placed him in a chokehold and wrestled him to the ground as witnesses called 911. Another rider helped Penny restrain him until the police arrived.
When they let go, Neely still had a pulse, but the forensic pathologist who conducted his autopsy, Dr. Cynthia Harris, testified that it is normal for someone’s heart to keep beating for some time even if they have been choked to death.
In her autopsy, she ruled that Neely’s death was caused by asphyxiation from the chokehold.
Penny’s team has maintained that Neely’s death was justified defense. Prosecutors say it was unintentional but criminally reckless or negligent.
