Defense rests in trial of Daniel Penny for NYC subway chokehold death
NEW YORK — The defense rested Friday in the trial of Daniel Penny, the Marine veteran charged in the chokehold death of Jordan Neely on board the subway last year.
Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide.
Witnesses have testified that Neely entered an F train on May 1, 2023 and started screaming and making threats, and Penny moved to restrain him. Prosecutors argued while Penny had good intentions, they allege he used excessive force.
Prosecutors challenge expert witness who disagrees with Neely's cause of death
Questioning of the defense's expert witness, forensic pathologist Dr. Satish Chundru, continued in court.
He disagrees with the medical examiner's ruling that Neely died of compression of the neck. He testified Thursday he believed Neely died from the combined effect of sickle cell crisis, schizophrenia, the struggle and restraint, and the synthetic marijuana.
Prosecutors challenged him on that Friday, and things were contentious at times.
Prosecutors also had a brief rebuttal, calling on a responding police officer who said he felt a pulse on Neely and that he was breathing. On the stand, however, he said he only assumed Neely was breathing.
"Medically speaking, there is no proof that he died from a chokehold. It's just not there," defense attorney Steven Raiser said.
Closing arguments are scheduled after Thanksgiving.
"We're definitely looking for a conviction in the first degree. That's what my family needs, justice for, justice for Jordan Neely," said Christopher Neely, Jordan Neely's uncle.
