By New York Post (U.S.) | Created at 2024-11-21 22:49:04 | Updated at 2024-11-22 05:31:28
6 hours ago
Daniel Penny’s chokehold of Jordan Neely isn’t what killed the homeless man — he died from the “combined effects” of synthetic marijuana, schizophrenia and other factors, the defense’s medical expert testified Thursday.
Dr. Satish Chundru, a forensic pathologist based in Texas, told jurors in Manhattan Supreme Court that Neely’s autopsy records and video of the fatal F train altercation in May 2023 didn’t show signs typical of known chokehold deaths.
“In your opinion, did Mr. Penny choke Mr. Neely to death?” Penny’s attorney Steven Raiser asked.
“No,” replied Chundru, “the chokehold did not cause death.”
Chundru, who said he has worked as a medical examiner for county governments in Florida and Texas, ruled out two medically recognized chokeholds — the air choke and the blood choke — because he believed Neely, 30, died from other causes.
He also pointed out what he said were discrepancies in Neely’s medical records, specifically bruising on the homeless man’s neck, and how there was “almost negligible” petechia — tiny spots of bleeding — found on his eyelids, that Chundru claimed were inconsistent with a fatal chokehold.
Instead, Chundru — who dubs himself the “Forensic Doc” on his website — said that Neely died by “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”
Chundru claimed that schizophrenia carries an “increased risk of sudden cardiac death.”
He also testified that he’d seen deaths caused by K2 toxicity alone. Neely, a former Michael Jackson impersonator with a history of mental illness and drug abuse, had the synthetic marijuana in his system at the time of his death, trial evidence has shown.
The findings from Chundru — who was called by Penny’s defense attorneys — were far different from those of the city medical examiner, who stood by her ruling that Neely’s death was caused by asphyxiation as a result of the former Marine’s chokehold.
Dr. Cynthia Harris, who performed the autopsy, said video of the fatal encounter convincingly showed the chokehold was his cause of death — that she wouldn’t change her ruling even if it turned out Neely had enough drugs in his body “to put down an elephant.”
Harris testified earlier this week that she and the other doctors at the Office of the Chief Medical Examiner, including the chief, believed that Neely’s death was caused by “asphyxia,” consistent with being choked, after seeing a journalist’s video of the homeless man “dying” with Penny’s arm wrapped around his neck.
Chundru was pressed Thursday by Manhattan Assistant District Attorney Dafna Yorna about his claim regarding the petechia on Neely’s eyelids — and eventually conceded that other medical professionals, including his mentor, did find that such symptoms were consistent with death by asphyxiation.
The prosecutor also grilled Chundru about whether the darker color of Neely’s face compared to his arms proved that blood wasn’t flowing to his head because his arteries and veins were being blocked as a result of the chokehold.
Yoran pointed to the bystander video where Neely’s face is darker than the rest of his skin as veins protrude from his forehead, and asked Chudru what he made of that.
“One suggestion is that he has some blockage, another suggestion is that he has a suntan,” Chundru said, before eventually agreeing with the prosecutor.
Chundru’s cross-examination will continue Friday, with closing arguments in the lightning-rod trial expected for Dec. 2.
Several eyewitnesses have testified that Neely, who was unarmed, was threatening passengers on the train during the May 1, 2023 encounter, but had not touched anyone before Penny took him down to the subway floor and held him in the chokehold.
Penny’s lawyers have said he acted to protect other straphangers and shouldn’t be held criminally liable for Neely’s death.
Prosecutors say Penny knew his actions could be deadly and continued with them anyway.
Penny, 26, is charged with second-degree manslaughter and criminally negligent homicide. He faces up to 15 years in prison if convicted on the top charge.
