Daniel Penny’s mother and fellow Marines testify in Jordan Neely’s chokehold trial

NEW YORK – Daniel Penny’s defense team called a number of witnesses to the stand Tuesday, including two Marine sergeants who served with him, his mother, his sister and other friends – all of whom praised his character and integrity as he fought charges of Manslaughter is fighting involuntary manslaughter for the subway chokehold death of Jordan Neely.

Penny, 26, faces up to 15 years in prison if convicted of manslaughter. He also faces a lesser charge of involuntary manslaughter in the death of Neely, a 30-year-old homeless man with a history of mental health breakdowns, substance abuse and criminal behavior, some of which took place on the subway.

Nolan Drylie, Penny’s former platoon leader who left the Marines due to a medical separation and is now a farmer in Alabama, announced that Penny received a Humanitarian Service Medal for his work during the response to Hurricane Florence in 2018.

Bragg’s office is vying to suppress Jordan Neely’s substance abuse and mental health records in the Navy vet’s chokehold trial

Daniel Penny’s mother, Gina Maria Flaim-Penny, touches his face as he arrives at Manhattan Supreme Court on Tuesday, November 19, 2024. (Rashid Umar Abbasi for Fox News Digital)

Gunnery Sgt. Nathaniel Dunchie, who remains on active duty and traveled from Texas to New York to testify, testified that “discrimination will not be tolerated in the Marine Corps” and that Penny “absolutely” demonstrated integrity and honesty.

Penny had a reputation as a quiet and peaceful person, he said, and was honorably discharged.

During cross-examination, prosecutors questioned both men about their social media posts.

Daniel Penny’s trial resumes with medical examiner testimony on day three and questions surrounding cause of death

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 how to live on the south shore of Long Island and in the Great South Bay boat rides to and from Fire Island. He said Penny had a reputation for being honest and sensitive.

Daniel Penny, right, walks the hallways of the Manhattan Supreme Court on Monday, November 18, 2024 in New York City. (Adam Gray for Fox News Digital)

“I was very grateful that Danny opened his arms to accept me as his friend throughout his community,” he said.

Gina Flaim-Penny, the defendant’s mother, also testified on Tuesday.

After his honorable discharge, he returned to New York to study architecture at New York City Tech in Brooklyn, worked evenings at a restaurant in the same borough and taught 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 stormed onto the train, threw his jacket on the floor and began shouting death threats, telling supporters that he didn’t care if he went to prison for life.

Jordan Neely is pictured before screening the 2009 Michael Jackson film “This is It” outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square in New York City. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

During the outburst, Penny held him in a chokehold and wrestled him to the ground as witnesses called 911. Another driver helped Penny hold him until police arrived.

When they let go, Neely still had a pulse, but the forensic pathologist who performed his autopsy, Dr. Cynthia Harris, testified that it is normal for a person’s heart to continue beating for some time even after they have been suffocated.

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In her autopsy, she concluded that Neely’s death was caused by asphyxia from the chokehold.

Penny’s team has maintained that Neely’s death was a justifiable defense. Prosecutors say it was unintentional but criminally reckless or negligent.