Daniel Penny is facing charges of manslaughter and criminally negligent homicide for the subway chokehold death of Jordan Neely. The trial featured character witnesses, including two Marine sergeants who served with Penny, his mother, his sister, and other friends, all of whom praised his character and integrity. Penny faces up to 15 years in prison if convicted on the top charge of manslaughter, along with a lesser charge of criminally negligent homicide for Neely’s death.
One of Penny’s former platoon sergeants, Nolan Drylie, spoke highly of Penny’s character and revealed that he had received a Humanitarian Service Medal for his work during the Hurricane Florence response in 2018. Gunnery Sgt. Nathaniel Dunchie, who is still on active duty, testified that discrimination is not tolerated in the Marine Corps and that Penny showed integrity and honesty. Penny had a reputation as a calm and peaceful person and was honorably discharged from the Marines.
The defense team also called character witnesses such as Steven Strachan, an airline pilot who moved to New York from California and became friends with Penny. Strachan described Penny as honest and empathetic, saying that Penny had welcomed him into his community when he arrived in New York. Gina Flaim-Penny, the defendant’s mother, testified about Penny’s post-military life, including his studies in architecture and his work teaching swimming lessons.
Neely, the victim, had a history of mental health issues, drug abuse, and criminal behavior, some of which took place on the subway. Neely had a violent outburst on the train, causing Penny to restrain him in a chokehold. Despite efforts to call 911 and seek police assistance, Neely ultimately died from asphyxiation from the chokehold. The forensic pathologist who conducted his autopsy ruled his death as caused by the chokehold.
The defense team has argued that Neely’s death was a result of justified self-defense, while prosecutors claim that the death was unintentional but criminally reckless or negligent. Witnesses have testified to Penny’s calm and peaceful nature, his kindness, and his honesty. The trial has featured testimony from character witnesses, including former Marine sergeants who praised Penny’s character and integrity. The decision on Penny’s fate lies in the hands of the court as the trial unfolds.
In the midst of the trial, prosecutors questioned the character witnesses about their social media posts, attempting to challenge their testimony. The defense has presented a strong case for Penny’s character, highlighting his background as a Marine and his positive contributions to his community. Penny’s family, friends, and former colleagues have all spoken highly of him, painting a picture of a kind, honest, and empathetic individual. as the trial continues, both sides will present their arguments, and the court will ultimately determine Penny’s fate based on the evidence presented.
