Last Thursday, a forensic pathologist took the stand and offered testimony concerning what actually led to the death of Jordan Neely in the Daniel Penny case and it was not from the choke that was administered by Penny on the New York subway. According to Dr. Satish Chundru, the autopsy of Neely revealed that his death was due to the “combined effects” of synthetic marijuana, schizophrenia, and several other factors.
The autopsy report and video evidence provided by Penny’s legal team were reviewed by Chundru who determined that information and data did not contain the signs that are usually associated with deaths by chokehold.
Here’s the real kicker. It doesn’t matter, in this writer’s opinion, if the death was the result of the chokehold. It seems pretty cut and dry this was a self-defense situation. The action that Penny took saved lives. He shouldn’t be on trial for doing what he as a member of the U.S. military was trained to do, which is protect innocent people.
“In your opinion, did Mr. Penny choke Mr. Neely to death?” Steven Raiser, one of Penny’s defense attorneys, asked the doctor.
“No,” Chundru responded, “The chokehold did not cause death.”
Here’s more via The Daily Wire:
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. 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 stated on the stand after he was asked to compare Neely’s death to one of his previous cases.
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If Penny is found guilty in this case, he could end up spending 15 years behind bars for manslaughter, or, if he is convicted of a lesser charge of criminally negligent homicide, 4 years. All for doing the right thing to stop a crazed, violent man from hurting people.
If he’s found guilty it will be a total miscarriage of justice.