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By: Jordan Baker
Former Marine Daniel Penny’s sister and childhood friend painted a picture of him as a calm, kind, and patriotic individual while testifying Monday during his manslaughter trial, reported the New York Post. Penny faces charges for “recklessly” causing the death of homeless man Jordan Neely on a subway train last May.
Alexandra Fay, Penny’s childhood neighbor from the tight-knit Long Island community of West Islip, described him as a peaceful and honest person with a reputation for speaking up when it mattered. “He was so kind, extra kind,” Fay testified, smiling at Penny, 26, as he sat at the defense table. Fay also spoke fondly of their shared hometown, calling it the “West Islip bubble,” where everyone knew each other.
Penny’s older sister, Jacqueline “Jackie” Penny, echoed similar sentiments. She described her brother as a bright student who excelled in music, played lacrosse, and enjoyed surfing. “He’s always been a calm, peaceful person,” she testified, adding that his decision to join the Marines after high school wasn’t entirely surprising given his patriotism and family history of military service.
The Post noted that Jackie’s testimony, which lasted about 15 minutes, concluded with a heartfelt moment. Penny’s lawyer, Thomas Kenniff, asked her, “Do you not want to see anything bad happen to your brother?” Fighting back emotion, she replied, “Yes.”
The defense opened its case after the prosecution rested, following three days of testimony from Dr. Cynthia Harris, the medical examiner who determined Neely died from Penny’s chokehold. Harris concluded Neely’s death was caused by Penny’s actions, based largely on a viral video of the incident. Despite questions about Neely’s drug use—K2 synthetic cannabis was found in his system—Harris stood by her finding. “The video alone shows the chokehold caused his death,” Harris testified.
The defense team attempted to undermine Harris’ conclusions, questioning her decision to rule on Neely’s cause of death before receiving toxicology results. Penny’s lawyer, Steven Raiser, raised his voice, suggesting a rushed judgment. However, Harris countered sharply, saying, “If someone is shot in the head, I don’t wait for toxicology to determine that was the cause of death.”
Penny, who has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide, could face up to 15 years in prison if convicted. His lawyers argue he acted to protect passengers from Neely, whom witnesses described as threatening and erratic. Prosecutors contend Penny held Neely in a chokehold for too long—over five minutes, including nearly a minute after Neely had gone limp.
Fay admitted during cross-examination that she contributed to Penny’s legal defense fund, which has raised over $3 million, noted the New York Post. However, the judge struck mention of the large sum from the record.
The trial continues Tuesday as Penny’s defense works to shift the focus to his character and justification for his actions during the fatal encounter.
