https://www.foxnews.com/us/daniel-penny-defense-calls-forensic-
pathologist-witness-stand-chokehold-did-not-cause-death

NEW YORK � The Marine veteran on trial for the subway chokehold death of
Jordan Neely called an expert forensic pathologist to the witness stand
Thursday, and he came to a dramatically different conclusion than the
New York City Medical Examiner's Office.

"The chokehold did not cause the death," Dr. Satish Chundru testified.

Daniel Penny, 26, faces up to 15 years in prison if convicted on the top
charge he faces, manslaughter, for the death of 30-year-old Neely.

He was on his way to the gym after class at a New York college in May
2023, when Neely, a homeless man with schizophrenia and a drug habit,
barged onto a subway car and shouted death threats.

Chundru, a former Miami-area medical examiner who now runs a private
practice in Texas conducting autopsies in a half-dozen counties, said
that he did not believe an air choke caused Neely's unconsciousness and,
therefore, did not cause his death.

Chundru said he found the cause of death to be "the combined effects of
sickle cell crisis, the schizophrenia, the struggle and restraint, and
the synthetic marijuana."

Someone schizophrenic, high on K2 and involved in a struggle can die
without a chokehold being involved at all, he said. Similarly, he said,
if there were no health issues and the chokehold was the only factor,
Neely would not have died.

"In your opinion, did Mr. Penny choke Mr. Neely to death in 2023?"
defense lawyer Steven Raiser asked.

"No," Dr. Chundru replied, before the defense ended its questioning.

In cross-examination, Assistant Manhattan District Attorney Dafna Yoran
grilled him on some of his past cases, asking about an incident that he
ruled an asphyxiation � and a defense expert disputed his findings,
pointing out there was cocaine in the victim's system. It happened in
2012 and he said he didn't remember it well.

https://static.foxnews.com/foxnews.com/content/uploads/2024/11/11-20-24-
jordan-neely-autopsy_redacted-peoples-exhibit-40-.pdf

She got Dr. Chundru to concede that video shows Penny's arm in a "blood
choke" position and that brushing on Neely's body matched.

However, he said, "You can have a chokehold applied, leave with that
kind of injury, and survive."

He compared Neely's death to another one Dr. Chundru worked on and he
said the two weren't comparable.

"With the video, it gives us the evidence that a chokehold occurred but
did not cause the death [of Neely]," he testified.

The judge dismissed jurors for the day shortly before 5 p.m.

Trial resumes Friday at 10 a.m., and Dr. Chundru is expected to return
to the witness stand for more testimony.

With the defense expert on the stand, Dr. Cynthia Harris, who conducted
the city's autopsy, looked on from the audience. She testified in the
trial three days earlier.

DANIEL PENNY TRIAL: SUBWAY MADMAN CLAIMED HE HEARD TUPAC AND DEVIL
BEFORE DEADLY CHOKEHOLD, SHRINK SAYS

Harris found it was the chokehold that killed Neely, not the synthetic
drugs in his system, his sickle cell genetic disorder or cardiac arrest.

"This is a very complicated case," Chundru testified. "We have
schizophrenia involved, sickle cell trait involved, a chokehold."

Additionally, Neely had K2, a form of synthetic marijuana that experts
testified is more like cocaine, in his toxicology report.

BRAGG'S OFFICE VIES TO SUPPRESS JORDAN NEELY'S DRUG ABUSE, PSYCHE
RECORDS IN MARINE VET'S CHOKEHOLD TRIAL

Dr. Chundru said that asphyxiation death comes in two phases. In the
first, the individual loses consciousness. In the second, sustained
pressure leads to death.

"What�s also important is unconsciousness always proceeds death in a
chokehold," he said.

However, rendering someone unconscious does not mean they are always
going to die, he said. When they are let go, they typically wake up, he
said.

"In a sickle cell crisis, death is a lack of oxygen, so the same thing
[in] an asphyxia death," he said.

--
November 5, 2024 - Congratulations President Donald Trump. We look
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