Daniel Penny’s chokehold of Jordan Neely isn’t what killed the homeless man — he died from the “mixed results” of artificial marijuana, schizophrenia and different elements, the protection’s medical skilled testified Thursday.
Dr. Satish Chundru, a forensic pathologist based mostly in Texas, instructed jurors in Manhattan Supreme Courtroom that Neely’s post-mortem information and video of the deadly F practice altercation in Could 2023 didn’t present indicators typical of recognized chokehold deaths.
“In your opinion, did Mr. Penny choke Mr. Neely to demise?” Penny’s lawyer Steven Raiser requested.
“No,” replied Chundru, “the chokehold didn’t trigger demise.”
Chundru, who stated he has labored as a medical expert for county governments in Florida and Texas, dominated out two medically acknowledged chokeholds — the air choke and the blood choke — as a result of he believed Neely, 30, died from different causes.
He additionally identified what he stated had been discrepancies in Neely’s medical information, particularly bruising on the homeless man’s neck, and the way there was “nearly negligible” petechia — tiny spots of bleeding — discovered on his eyelids, that Chundru claimed had been inconsistent with a deadly chokehold.
As an alternative, Chundru — who dubs himself the “Forensic Doc” on his web site — stated that Neely died by “the mixed results of sickle cell disaster, the schizophrenia, the battle and restraint, and the artificial marijuana.”
Chundru claimed that schizophrenia carries an “elevated danger of sudden cardiac demise.”
He additionally testified that he’d seen deaths brought on by K2 toxicity alone. Neely, a former Michael Jackson impersonator with a historical past of psychological sickness and drug abuse, had the artificial marijuana in his system on the time of his demise, trial proof has proven.
The findings from Chundru — who was referred to as by Penny’s protection attorneys — had been far totally different from these of town medical expert, who stood by her ruling that Neely’s demise was brought on by asphyxiation on account of the previous Marine’s chokehold.
Dr. Cynthia Harris, who carried out the post-mortem, stated video of the deadly encounter convincingly confirmed the chokehold was his reason behind demise — that she wouldn’t change her ruling even when it turned out Neely had sufficient medicine in his physique “to place down an elephant.”
Harris testified earlier this week that she and the opposite docs on the Workplace of the Chief Medical Examiner, together with the chief, believed that Neely’s demise was brought on by “asphyxia,” in step with being choked, after seeing a journalist’s video of the homeless man “dying” with Penny’s arm wrapped round his neck.
Chundru was pressed Thursday by Manhattan Assistant District Lawyer Dafna Yorna about his declare concerning the petechia on Neely’s eyelids — and finally conceded that different medical professionals, together with his mentor, did discover that such signs had been in step with demise by asphyxiation.
The prosecutor additionally grilled Chundru about whether or not the darker shade of Neely’s face in comparison with his arms proved that blood wasn’t flowing to his head as a result of his arteries and veins had been being blocked on account of the chokehold.
Yoran pointed to the bystander video the place Neely’s face is darker than the remainder of his pores and skin as veins protrude from his brow, and requested Chudru what he made from that.
“One suggestion is that he has some blockage, one other suggestion is that he has a suntan,” Chundru stated, earlier than finally agreeing with the prosecutor.
Chundru’s cross-examination will proceed Friday, with closing arguments within the lightning-rod trial anticipated for Dec. 2.
A number of eyewitnesses have testified that Neely, who was unarmed, was threatening passengers on the practice throughout the Could 1, 2023 encounter, however had not touched anybody earlier than Penny took him right down to the subway ground and held him within the chokehold.
Penny’s legal professionals have stated he acted to guard different straphangers and shouldn’t be held criminally responsible for Neely’s demise.
Prosecutors say Penny knew his actions may very well be lethal and continued with them anyway.
Penny, 26, is charged with second-degree manslaughter and criminally negligent murder. He faces as much as 15 years in jail if convicted on the highest cost.
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