Sister of ex-Marine charged in subway chokehold death testifies to his 'calm' spirit and patriotism

NEW YORK (AP) — The older sister of Daniel Penny, the former U.S. Marine charged with fatally choking a homeless man aboard a Manhattan subway, told jurors Monday that her brother was a “calm, soft-spirited person” with a reputation for honesty and integrity.

Jacqueline Penny, a 27-year-old accountant, was called to the witness stand by Daniel Penny’s attorneys after prosecutors rested their case Monday afternoon, kicking off a defense presentation that immediately sought to burnish the defendant's character and emphasize his military service.

Penny faces manslaughter charges in the death of Jordan Neely, a 30-year-old homeless man and occasional subway performer known for his Michael Jackson impression.

Prosecutors say Neely was acting erratically but non-violently on the train when Penny threw him to the ground and placed him in a chokehold for six minutes, showing an “indifference” to the life of a man in the throes of a mental health crisis.

Lawyers for Penny counter that their client showed courage by putting his own safety above others as he worked to neutralize a “seething, psychotic” man whose behavior had frightened other riders.

In her testimony Monday, Jacqueline Penny said her brother was a soft-spoken but “always patriotic” striver who followed the other men in the family into the military.

While she painted a picture of a close-knit town and a childhood punctuated with fishing, sports and enduring friendships, she also said their grandparents had been a key source of support to the four Penny siblings when their parents went through a “very difficult” separation during the defendant’s high school years.

She was followed on the witness stand by Alexandra Fay, a childhood neighbor of the family, who spoke of their “typical upbringing” in a Long Island suburb. “He has the same exact friends that he’s had since fifth grade,” she said of Penny.

The defense presentation followed three days of testimony from Dr. Cynthia Harris, the city medical examiner who performed an autopsy on Neely and concluded he'd died of the chokehold. In hours of cross-examination Monday, Penny's attorney, Steven Raiser, sought to cast doubt on that finding, questioning the woman's credentials and suggesting she had offered “no evidence that pressure was maintained in a sufficient way” to kill Neely.

Rather, Raiser said Neely, who had sickle cell condition, may have died after ingesting enough synthetic cannabinoid — or K2 — to trigger a fatal “sickling crisis.” While K2 was found in Neely’s system, Harris said it was “profoundly improbable” that those factors killed Neely.

She then brushed off the defense attorney's insistence that Penny had not applied enough pressure on Neely’s neck to block the flow of blood to his brain. “I believe there is sufficiently consistent pressure to the vital structure of the neck, which led to him losing consciousness and sustaining brain injury,” Harris said.

Manhattan jurors also heard testimony last week from another rider, who said he urged Penny to loosen his grip on Neely’s neck during the fatal encounter, as well as a former martial arts trainer in the U.S. Marines. The trainer said Penny had appeared to misuse a “blood choke” technique that was taught to U.S. Marines as a method to knock a person unconscious.

Jurors were also shown video of Penny's interview with detectives inside the precinct, where he repeatedly referred to Neely as a “crackhead,” then demonstrated the chokehold he'd used to subdue him.

“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,” Penny said. “He gets a burst of energy at one point and I did have to hold him a little more steady.”

Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Dr. Cynthia Harris, forensic pathologist at the Office of the City Medical Examiner, leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

President-elect Donald Trump is filling key posts in his second administration, and it's shaping up much differently than his first. He's prioritizing loyalists for top jobs.

Trump was bruised and hampered by internal squabbles during his initial term in office. Now he appears focused on remaking the federal government in his own image. Some of his choices could face difficult confirmation battles even with Republicans in control of the U.S. Senate.

Here's a look at whom he has selected so far.

Trump named Florida Sen. Marco Rubio to be secretary of state, making the critic-turned-ally his choice for top diplomat.

Rubio, 53, is a noted hawk on China, Cuba and Iran, and was a finalist to be Trump's running mate on the Republican ticket last summer. Rubio is the vice chairman of the Senate Intelligence Committee and a member of the Senate Foreign Relations Committee.

“He will be a strong Advocate for our Nation, a true friend to our Allies, and a fearless Warrior who will never back down to our adversaries,” Trump said of Rubio in a statement.

The announcement punctuates the hard pivot Rubio has made with Trump, whom the senator once called a “con man" during his unsuccessful campaign for the 2016 Republican presidential nomination.

Their relationship improved dramatically while Trump was in the White House. And as Trump campaigned for the presidency a third time, Rubio cheered his proposals. For instance, Rubio, who more than a decade ago helped craft immigration legislation that included a path to citizenship for people in the U.S. illegally, now supports Trump's plan to use the U.S. military for mass deportations.

Trump said Wednesday he will nominate Florida Rep. Matt Gaetz to serve as his attorney general, naming a loyalist in the role of the nation's top prosecutor.

In selecting Gaetz, 42, Trump passed over some of the more established lawyers whose names had been mentioned as being contenders for the job.

“Matt will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and Restore Americans' badly-shattered Faith and Confidence in the Justice Department,” Trump said in a statement.

Gaetz resigned from Congress Wednesday night. The House Ethics Committee has been investigating an allegation that Gaetz paid for sex with a 17-year-old, though that probe effectively ended when he resigned. Gaetz has denied any wrongdoing.

Former Hawaii Rep. Tulsi Gabbard has been tapped by Trump to be director of national intelligence, another example of Trump prizing loyalty over experience.

Gabbard, 43, was a Democratic House member who unsuccessfully sought the party's 2020 presidential nomination before leaving the party in 2022. She endorsed Trump in August and campaigned often with him this fall, and she's been accused of echoing Russian propaganda.

“I know Tulsi will bring the fearless spirit that has defined her illustrious career to our Intelligence Community,” Trump said in a statement.

Gabbard, who has served in the Army National Guard for more than two decades, deploying to Iraq and Kuwait, would come to the role as an outsider compared to her predecessor. The current director, Avril Haines, was confirmed by the Senate in 2021 following several years in a number of top national security and intelligence positions.

Hegseth, 44, is a co-host of Fox News Channel’s “Fox & Friends Weekend” and has been a contributor with the network since 2014. He developed a friendship with Trump, who made regular appearances on the show.

Hegseth served in the Army National Guard from 2002 to 2021, deploying to Iraq in 2005 and Afghanistan in 2011. He has two Bronze Stars. However, Hegseth lacks senior military and national security experience. If confirmed by the Senate, he would inherit the top job during a series of global crises — ranging from Russia’s war in Ukraine and the ongoing attacks in the Middle East by Iranian proxies to the push for a cease-fire between Israel, Hamas and Hezbollah and escalating worries about the growing alliance between Russia and North Korea.

Hegseth is also the author of “The War on Warriors: Behind the Betrayal of the Men Who Keep Us Free,” published earlier this year.

Noem is a well-known conservative who used her two terms leading South Dakota to vault to a prominent position in Republican politics.

During the COVID-19 pandemic, Noem did not order restrictions that other states had issued and instead declared her state “open for business.” Trump held a fireworks rally at Mount Rushmore in July 2020 in one of the first large gatherings of the pandemic.

More recently, Noem faced sharp criticism for telling a story in her memoir about shooting and killing her dog.

She is set to lead a department crucial to the president-elect’s hardline immigration agenda as well as other missions. Homeland Security oversees natural disaster response, the U.S. Secret Service and Transportation Security Administration agents who work at airports.

Ratcliffe was director of national intelligence during the final year and a half of Trump’s first term, leading the U.S. government’s spy agencies during the coronavirus pandemic.

“I look forward to John being the first person ever to serve in both of our Nation’s highest Intelligence positions,” Trump said in a statement, calling him a “fearless fighter for the Constitutional Rights of all Americans” who would ensure “the Highest Levels of National Security, and PEACE THROUGH STRENGTH.”

Kennedy ran for president as a Democrat, then as an independent, and then endorsed Trump. He's the son of Democratic icon Robert Kennedy, who was assassinated during his own presidential campaign.

The nomination of Kennedy to lead the Department of Health and Human Services alarmed people who are concerned about his record of spreading unfounded fears about vaccines. For example, he has long advanced the debunked idea that vaccines cause autism.

Duffy is a former House member from Wisconsin who was one of Trump's most visible defenders on cable news. Duffy served in the House for nearly nine years, sitting on the Financial Services Committee and chairing the subcommittee on insurance and housing. He left Congress in 2019 for a TV career and has been the host of “The Bottom Line” on Fox Business.

Before entering politics, Duffy was a reality TV star on MTV, where he met his wife, “Fox and Friends Weekend” co-host Rachel Campos-Duffy. They have nine children.

Collins is a former Republican congressman from Georgia who gained recognition for defending Trump during his first impeachment trial, which centered on U.S. assistance for Ukraine. Trump was impeached for urging Ukraine to investigate Joe Biden in 2019 during the Democratic presidential nomination, but he was acquitted by the Senate.

Collins has also served in the armed forces himself and is currently a chaplain in the United States Air Force Reserve Command.

"We must take care of our brave men and women in uniform, and Doug will be a great advocate for our Active Duty Servicemembers, Veterans, and Military Families to ensure they have the support they need," Trump said in a statement about nominating Collins to lead the Department of Veterans Affairs.

The governor of North Dakota, once little-known outside his state, is a former Republican presidential primary contender who endorsed Trump and then spent months traveling to drum up support for Trump after dropping out of the race.

Burgum was a serious contender to be Trump’s vice presidential choice this summer. The two-term governor was seen as a possible pick because of his executive experience and business savvy. Burgum also has close ties to deep-pocketed energy industry CEOs.

Trump initially announced his choice of Burgum while addressing a gala at his Mar-a-Lago club in Florida on Thursday night. The president-elect's formal announcement on Friday said he wanted Burgum to be Interior secretary and chairman of a new National Energy Council “that will oversee the path to U.S. ENERGY DOMINANCE." As chairman of the council, Trump said Burgum will also have a seat on the National Security Council, which would be a first for the Interior secretary.

A campaign donor and CEO of Denver-based Liberty Energy, Write is a vocal advocate of oil and gas development, including fracking — a key pillar of Trump’s quest to achieve U.S. “energy dominance” in the global market.

Wright also has been one of the industry’s loudest voices against efforts to fight climate change. He said the climate movement around the world is “collapsing under its own weight.” The Energy Department is responsible for advancing energy, environmental and nuclear security of the United States.

Wright also won support from influential conservatives, including oil and gas tycoon Harold Hamm. Hamm, executive chairman of Oklahoma-based Continental Resources, a major shale oil company, is a longtime Trump supporter and adviser who played a key role on energy issues in Trump’s first term.

Zeldin does not appear to have any experience in environmental issues, but is a longtime supporter of the former president. The 44-year-old former U.S. House member from New York wrote on X, “We will restore US energy dominance, revitalize our auto industry to bring back American jobs, and make the US the global leader of AI.”

“We will do so while protecting access to clean air and water,” he added.

During his campaign, Trump often attacked the Biden administration’s promotion of electric vehicles, and incorrectly referred to a tax credit for EV purchases as a government mandate. Trump also often told his audiences during the campaign that his administration would “drill, baby, drill,” referring to his support for expanded petroleum exploration.

In a statement, Trump said Zeldin “will ensure fair and swift deregulatory decisions that will be enacted in a way to unleash the power of American businesses, while at the same time maintaining the highest environmental standards, including the cleanest air and water on the planet.”

Wiles, 67, was a senior adviser to Trump’s 2024 presidential campaign and its de facto manager.

She has a background in Florida politics, helping Ron DeSantis win his first race for Florida governor. Six years later, she was key to Trump’s defeat of him in the 2024 Republican primary.

Wiles’ hire was Trump’s first major decision as president-elect and one that could be a defining test of his incoming administration considering her close relationship with him. Wiles is said to have earned Trump’s trust in part by guiding what was the most disciplined of Trump’s three presidential campaigns.

Wiles was able to help keep Trump on track as few others have, not by criticizing his impulses, but by winning his respect by demonstrating his success after taking her advice.

Waltz is a three-term Republican congressman from east-central Florida. A former Army Green Beret, he served multiple tours in Afghanistan and also worked in the Pentagon as a policy adviser when Donald Rumsfeld and Robert Gates were defense chiefs.

He is considered hawkish on China, and called for a U.S. boycott of the 2022 Winter Olympics in Beijing due to its involvement in the origin of COVID-19 and its mistreatment of the minority Muslim Uighur population.

Homan, 62, has been tasked with Trump’s top priority of carrying out the largest deportation operation in the nation’s history.

He served under Trump in his first administration leading U.S. Immigration and Customs Enforcement, and he was widely expected to be offered a position related to the border once Trump won the election. Homan said at a July conference in Washington that he would be willing to “run the biggest deportation operation this country’s ever seen.”

Democrats have criticized Homan for defending Trump’s “zero tolerance” policy on border crossings during his first administration, which led to the separation of thousands of parents and children seeking asylum at the border.

Miller, an immigration hardliner, was a vocal spokesperson during the presidential campaign for Trump’s priority of mass deportations. The 39-year-old was a senior adviser during Trump’s first administration.

Miller has been a central figure in some of Trump’s policy decisions, notably his move to separate thousands of immigrant families. Trump argued throughout the campaign that the nation’s economic, national security and social priorities could be met by deporting people who are in the United States illegally.

Since Trump left office in 2021, Miller has served as the president of America First Legal, an organization made up of former Trump advisers aimed at challenging the Biden administration, media companies, universities and others over issues such as free speech and national security.

Scavino was an adviser to all three of the president-elect's campaigns, and the transition team referred to him as one of “Trump’s longest serving and most trusted aides." He will be deputy chief of staff and assistant to the president.

He previously ran Trump’s social media profile in the White House during his first administration. He was also held in contempt of Congress in 2022 after a month-long refusal to comply with a subpoena from the House committee’s investigation into the Jan. 6, 2021, attack on the U.S. Capitol.

Blair was political director for Trump’s 2024 campaign and for the Republican National Committee. He will be deputy chief of staff for legislative, political and public affairs and assistant to the president.

Blair was key to Trump’s economic messaging during his winning White House comeback campaign this year, a driving force behind the candidate’s “Trump can fix it” slogan and his query to audiences this fall if they were better off than four years ago.

Budowich is a veteran Trump campaign aide who launched and directed Make America Great Again, Inc., a super PAC that supported Trump’s 2024 campaign. He will be deputy chief of staff for communications and personnel and assistant to the president.

Budowich had also served as a spokesman for Trump after his first presidency.

Leavitt, 27, was Trump's campaign press secretary and currently a spokesperson for his transition. She would be the youngest White House press secretary in history.

The White House press secretary typically serves as the public face of the administration and historically has held daily briefings for the press corps.

Leavitt, a New Hampshire native, was a spokesperson for MAGA Inc., a super PAC supporting Trump, before joining his 2024 campaign. In 2022, she ran for Congress in New Hampshire, winning a 10-way Republican primary before losing to Democratic Rep. Chris Pappas.

Leavitt worked in the White House press office during Trump's first term before she became communications director for New York Republican Rep. Elise Stefanik, Trump's choice for U.S. ambassador to the United Nations.

McGinley was White House Cabinet secretary during Trump's first administration, and was outside legal counsel for the Republican National Committee's election integrity effort during the 2024 campaign.

In a statement, Trump called McGinley “a smart and tenacious lawyer who will help me advance our America First agenda, while fighting for election integrity and against the weaponization of law enforcement.”

The 67-year-old Witkoff is the president-elect's golf partner and was golfing with him at Trump's club in West Palm Beach, Florida, on Sept. 15, when the former president was the target of a second attempted assassination.

Witkoff “is a Highly Respected Leader in Business and Philanthropy,” Trump said of Witkoff in a statement. “Steve will be an unrelenting Voice for PEACE, and make us all proud."

Trump also named Witkoff co-chair, with former Georgia Sen. Kelly Loeffler, of his inaugural committee.

Huckabee is a staunch defender of Israel and his intended nomination comes as Trump has promised to align U.S. foreign policy more closely with Israel's interests as it wages wars against the Iran-backed Hamas and Hezbollah.

“He loves Israel, and likewise the people of Israel love him,” Trump said in a statement. “Mike will work tirelessly to bring about peace in the Middle East.”

Huckabee, who ran unsuccessfully for the Republican nomination in 2008 and 2016, has been a popular figure among evangelical Christian conservatives, many of whom support Israel due to Old Testament writings that Jews are God’s chosen people and that Israel is their rightful homeland.

Trump has been praised by some in this important Republican voting bloc for moving the U.S. embassy in Israel from Tel Aviv to Jerusalem.

Huckabee has rejected a Palestinian homeland in territory occupied by Israel, calling for a so-called “one-state solution.”

Stefanik is a representative from New York and one of Trump's staunchest defenders going back to his first impeachment.

Elected to the House in 2014, Stefanik was selected by her GOP House colleagues as House Republican Conference chair in 2021, when former Wyoming Rep. Liz Cheney was removed from the post after publicly criticizing Trump for falsely claiming he won the 2020 election. Stefanik, 40, has served in that role ever since as the third-ranking member of House leadership.

Stefanik’s questioning of university presidents over antisemitism on their campuses helped lead to two of those presidents resigning, further raising her national profile.

If confirmed, she would represent American interests at the U.N. as Trump vows to end the war waged by Russia against Ukraine that began in 2022.

Associated Press writers Farnoush Amiri, Lolita C. Baldor, Jill Colvin, Matthew Daly, Edith M. Lederer, Adriana Gomez Licon, Lisa Mascaro, Chris Megerian, Zeke Miller, Michelle L. Price and Will Weissert contributed to this report.

FILE - Tulsi Gabbard speaks before Republican presidential nominee former President Donald Trump at a campaign rally at Madison Square Garden, Oct. 27, 2024, in New York. (AP Photo/Alex Brandon, File)

FILE - South Dakota Gov. Kristi Noem speaks before Republican presidential nominee former President Donald Trump at a campaign town hall, Oct. 14, 2024, in Oaks, Pa. (AP Photo/Matt Rourke, File)

FILE - Pete Hegseth walks to an elevator for a meeting with President-elect Donald Trump at Trump Tower in New York, Dec. 15, 2016. (AP Photo/Evan Vucci, File)

FILE - Former Director of National Intelligence John Ratcliffe, testifies before a hearing April 18, 2023, on Capitol Hill in Washington. (AP Photo/Manuel Balce Ceneta, File)

FILE - Rep. Michael Waltz, R-Fla., speaks outside the hush money criminal case of former president Donald Trump in New York, May 16, 2024. President-elect Donald Trump’s choice for defense secretary is still up in the air, but it’s a sure bet he will look to pick a loyalist following his tumultuous first term. (AP Photo/Ted Shaffrey, File)

FILE - Former Rep. Lee Zeldin, R-N.Y., speaks at a rally in Concord, N.H., Jan. 19, 2024. (AP Photo/Matt Rourke, File)

FILE - Republican Conference Chair Rep. Elise Stefanik, R-N.Y., waves to supporters at CPAC in Oxon Hill, Md., Feb. 23, 2024. President-elect Donald Trump has chosen Rep. Elise Stefanik to serve as his ambassador to the United Nations. (AP Photo/Jose Luis Magana, File)

FILE - U.S. Immigration and Customs Enforcement acting director Thomas Homan speaks during an interview in East Point, Ga., April 26, 2018. President-elect Donald Trump says that Tom Homan, his former acting U.S. Immigration and Customs Enforcement director, will serve as “border czar” in his incoming administration. (AP Photo/John Bazemore, File)

Susie Wiles watches as Republican presidential nominee former President Donald Trump speaks at a campaign rally in Lititz, Pa., Sunday, Nov. 3, 2024. (AP Photo/Evan Vucci)

Republican presidential nominee former President Donald Trump arrives at an election night watch party at the Palm Beach Convention Center, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Evan Vucci)

FILE - South Dakota Gov. Kristi Noem speaks before Republican presidential nominee former President Donald Trump at a campaign town hall, Oct. 14, 2024, in Oaks, Pa. (AP Photo/Matt Rourke, File)

FILE - Pete Hegseth walks to an elevator for a meeting with President-elect Donald Trump at Trump Tower in New York, Dec. 15, 2016. (AP Photo/Evan Vucci, File)

FILE - Former Director of National Intelligence John Ratcliffe, testifies before a hearing April 18, 2023, on Capitol Hill in Washington. (AP Photo/Manuel Balce Ceneta, File)

Republican presidential nominee former President Donald Trump arrives at an election night watch party at the Palm Beach Convention Center, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Evan Vucci)

FILE - Rep. Michael Waltz, R-Fla., speaks outside the hush money criminal case of former president Donald Trump in New York, May 16, 2024. President-elect Donald Trump’s choice for defense secretary is still up in the air, but it’s a sure bet he will look to pick a loyalist following his tumultuous first term. (AP Photo/Ted Shaffrey, File)

FILE - Former Rep. Lee Zeldin, R-N.Y., speaks at a rally in Concord, N.H., Jan. 19, 2024. (AP Photo/Matt Rourke, File)

FILE - Republican Conference Chair Rep. Elise Stefanik, R-N.Y., waves to supporters at CPAC in Oxon Hill, Md., Feb. 23, 2024. President-elect Donald Trump has chosen Rep. Elise Stefanik to serve as his ambassador to the United Nations. (AP Photo/Jose Luis Magana, File)

FILE - U.S. Immigration and Customs Enforcement acting director Thomas Homan speaks during an interview in East Point, Ga., April 26, 2018. President-elect Donald Trump says that Tom Homan, his former acting U.S. Immigration and Customs Enforcement director, will serve as “border czar” in his incoming administration. (AP Photo/John Bazemore, File)

Susie Wiles watches as Republican presidential nominee former President Donald Trump speaks at a campaign rally in Lititz, Pa., Sunday, Nov. 3, 2024. (AP Photo/Evan Vucci)