NEW YORK — On Monday, the older sister of Daniel Penny, the ex-U.S. Marine facing charges for fatally choking a homeless individual on a Manhattan subway, took the stand, characterizing her brother as a “calm, soft-spirited person” with a strong reputation for honesty and integrity.
Jacqueline Penny, who is 27 and works as an accountant, was called upon by her brother’s legal team after the prosecution had concluded its case that afternoon. This marked the beginning of the defense’s efforts to portray the character of Daniel Penny while highlighting his military background.
Penny is charged with manslaughter following the incident involving Jordan Neely, a 30-year-old man who, while homeless, was known for performing Michael Jackson impersonations on the subway.
According to prosecutors, Neely displayed erratic but non-violent behavior during the incident before Penny restrained him in a chokehold for six minutes, demonstrating what was described as a lack of regard for the life of someone suffering from a mental health crisis.
The defense, however, argues that Penny acted heroically, prioritizing the safety of those around him as he subdued what he perceived to be a “seething, psychotic” individual who posed a threat to other passengers.
During her testimony, Jacqueline Penny depicted her brother as a dedicated, soft-spoken individual who was always patriotic, following in the footsteps of other family members who had served in the military.
While she described a close-knit family life filled with fond memories of fishing, sports, and lasting friendships, Jacqueline also mentioned that their grandparents played a significant role in their upbringing, especially during a challenging period when their parents separated while Daniel was in high school.
Next to testify was Alexandra Fay, a family friend, who elaborated on their “typical upbringing” in a suburban area of Long Island. She noted that Penny maintains friendships with the same peers he met in elementary school.
The defense’s case began after three days of testimonies from Dr. Cynthia Harris, the medical examiner who conducted Neely’s autopsy, determining that the cause of death resulted from the chokehold. Defense attorney Steven Raiser aimed to undermine this conclusion during extensive cross-examination, scrutinizing Dr. Harris’s qualifications and contending that she presented “no evidence that pressure was maintained in a sufficient way” to result in Neely’s death.
Raiser proposed that Neely, who suffered from sickle cell disease, could have succumbed to a life-threatening “sickling crisis” induced by consuming synthetic cannabinoids, commonly known as K2. Although traces of K2 were found in Neely’s system, Dr. Harris maintained that it was “profoundly improbable” that those factors contributed to his death.
In response to the defense, she firmly rejected the notion that Penny had not applied enough pressure, stating, “I believe there is sufficiently consistent pressure to the vital structure of the neck, which led to him losing consciousness and sustaining brain injury.”
Additionally, the jury was presented with testimonies from another passenger on the train who encouraged Penny to relax his grip on Neely’s neck, as well as a former martial arts trainer from the U.S. Marines, who testified that Penny seemed to misappropriate a “blood choke” technique taught to Marines for rendering individuals unconscious.
Jurors also observed a video in which Penny demonstrated the chokehold to detectives during an interrogation at the precinct. In the footage, he describes the struggle, saying, “He had his back turned to me and I got him in a hold, got him to the ground, and he’s still squirming around and going crazy. He gets a burst of energy at one point and I did have to hold him a little more steady.”