Chokehold Did Not Kill Jordan Neely, Forensic Expert Testifies In Daniel Penny’s Defense

A forensic pathologist testified on Thursday that Jordan Neely’s death was caused by the “combined effects” of the synthetic marijuana he was using, his schizophrenia, and other factors.

Dr. Satish Chundru reviewed Neely’s autopsy records and video evidence for Daniel Penny’s defense team, the New York Post reported, and determined that those records didn’t show the signs typically associated with chokehold deaths.

“In your opinion, did Mr. Penny choke Mr. Neely to death?” asked Steven Raiser, one of Penny’s defense attorneys.

“No,” Chundru replied, “The chokehold did not cause death.”

Chundru also testified that Neely’s death was the result of “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana,” Fox News reported. He said that someone high on synthetic marijuana with schizophrenia can die while involved in a struggle, even without a chokehold being used. Chundru went on to say that even if Neely hadn’t had those other health factors, he still would not have died from Penny’s chokehold.

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Penny, 26, is on trial for allegedly killing Neely on a New York City subway car last year following alleged threats from Neely against the other passengers.

Chundru said he ruled the chokehold out as the cause of death because there were other factors, and he pointed out discrepancies in Neely’s records. He said that Neely’s medical records were inconsistent when it came to bruising on his neck and stated there were “almost negligible” tiny bleeding spots on his eyelids. Chundru said these discrepancies were not consistent with a fatal chokehold, the Post reported.

Under cross-examination, Assistant Manhattan District Attorney Dafna Yoran was able to get Chundru to acknowledge that video of the chokehold showed Penny’s arm in a “blood choke” position, and that Neely did have matching bruises on his neck. Chundru argued, however, that “You can have a chokehold applied, leave with that kind of injury, and survive.”

“With the video, it gives us the evidence that a chokehold occurred but did not cause the death [of Neely],” Chundru testified after being asked to compare Neely’s death to one of his previous cases.

Chundru is expected to continue testifying on Friday. Numerous witnesses have so far testified that they feared Neely, with some even thanking Penny for stepping in to protect them.

Penny faces up to 15 years in prison if convicted of manslaughter or up to 4 years if he’s convicted on the lesser charge of criminally negligent homicide.