NEW YORK – Daniel Penny's defence squad called a fig of quality witnesses to the stand Tuesday, including 2 Marine sergeants who served him, his mother, his sister and different friends – each of whom praised his quality and integrity arsenic helium fights charges of manslaughter and criminally negligent homicide for the subway chokehold decease of Jordan Neely.
Penny, 26, faces up to 15 years successful situation if convicted connected the apical complaint of manslaughter. He besides faces a lesser complaint of criminally negligent homicide for the decease of Neely, a 30-year-old stateless antheral with a past of intelligence wellness outbursts, cause maltreatment and transgression behavior, immoderate of which took spot connected the subway.
Nolan Drylie, Penny's erstwhile platoon sergeant who near the Marines successful a aesculapian separation and is present an Alabama farmer, revealed that Penny received a Humanitarian Service Medal for his enactment during the Hurricane Florence effect successful 2018.
Daniel Penny arrives astatine Manhattan Supreme Court, Tuesday, November 19, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)
Gunnery Sgt. Nathaniel Dunchie, who remains connected progressive work and traveled to New York from Texas to testify, testified that "discrimination is not tolerated successful the Marine Corps" and that Penny "absolutely" showed integrity and honesty.
Penny had a estimation arsenic a calm and peaceful person, helium said, and was honorably discharged.
Upon cross-examination, prosecutors questioned some men for their societal media posts.
Another friend, an hose aviator named Steven Strachan, said helium moved to New York from California and had nary friends until helium met Penny, who showed him the ropes of surviving connected Long Island's South Shore and boating successful the Great South Bay to and from Fire Island. He said Penny had a estimation for being honorable and empathetic.
Daniel Penny arrives astatine Manhattan Supreme Court, successful New York, NY connected Monday, November 18, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Adam Gray for Fox News Digital)
"I was precise appreciative that Danny opened his arms to bring maine successful arsenic his person to his full community," helium said.
Gina Flaim-Penny, the defendant's mother, besides testified Tuesday.
After his honorable discharge, helium returned to New York to survey architecture astatine New York City Tech successful Brooklyn, moving nights astatine a edifice successful the aforesaid borough and teaching swimming lessons astatine a gym successful Manhattan's East Village, she said.
The witnesses followed the defence team's archetypal 2 quality witnesses who testified Monday, including Penny's older sister Jackie.
Neely barged onto the train, threw his overgarment connected the crushed and started shouting decease threats, telling straphangers helium did not attraction if helium went to situation for life.
Jordan Neely is pictured earlier going to spot the Michael Jackson movie, "This is It," extracurricular the Regal Cinemas connected 8th Ave. and 42nd St. successful Times Square, New York, successful 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
During the outburst, Penny placed him successful a chokehold and wrestled him to the crushed arsenic witnesses called 911. Another rider helped Penny restrain him until the constabulary arrived.
When they fto go, Neely inactive had a pulse, but the forensic pathologist who conducted his autopsy, Dr. Cynthia Harris, testified that it is mean for someone's bosom to support beating for immoderate clip adjacent if they person been choked to death.
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In her autopsy, she ruled that Neely's decease was caused by asphyxiation from the chokehold.
Penny's squad has maintained that Neely's decease was justified defense. Prosecutors accidental it was unintentional but criminally reckless oregon negligent.