Expert Testifies Jordan Neely Did not Die from Chokehold

by Robin Nicollette
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Expert testimony in the trial of Daniel Penny claims Jordan Neely Did not Die from Chokehold, highlighting factors like schizophrenia, sickle cell, and synthetic drugs. Read more about the case details.

Jordan Neely Did not Die from Chokehold

A forensic pathologist hired by Daniel Penny’s defense team testified that Jordan Neely died from a combination of causes, not only a chokehold. Penny was charged with manslaughter and criminally negligent homicide when Neely died on a metro train in May 2023.

Dr. Satish Chundru, a forensic pathologist who has performed over 9,000 autopsies, claimed that Neely’s death was caused by a sickle cell crisis, schizophrenia, the struggle during restraint, and synthetic marijuana in his system. This was in contrast to Dr. Cynthia Harris, the New York City medical examiner, who concluded that Neely died as a result of asphyxiation from the chokehold.

On May 1, 2023, Neely, who had a history of mental illness, boarded a subway train and became agitated, shouting about hunger, thirst, and wanting to go back to jail. Penny, 26, choked Neely and forced him to the ground. Penny’s defense says that he acted to defend others around him rather than deliberately kill Neely. Prosecutors claim Penny kept Neely in a chokehold for six minutes before rendering him unconscious.

Forensic Pathologist Testifies in Daniel Penny Trial That Jordan Neely Did not Die from Chokehold

Before expressing his conclusion, Chundru evaluated several reports, including toxicology data, Neely’s psychiatric history, and video footage of the incident. According to him, Neely’s sickle cell condition caused his body to react more severely to the stress from the chokehold.

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.

After watching the incident’s video, he denied the prosecution’s claims that Neely had lost consciousness. He said that Neely and Penny were still struggling, and Neely didn’t lose consciousness long enough for it to be classified as a chokehold death. According to his estimation, Neely passed away approximately 4.5 minutes into the video.

When asked if Penny’s chokehold killed Neely, Dr. Chundru replied, “No.”

Andre Zachary, Neely’s father, left the courtroom many times as Chundru testified, most notably when Chundru indicated that Neely did not die from a chokehold.

The defense has questioned the medical examiner’s conclusions, particularly because the toxicological reports were incomplete when Harris made her determination. Penny’s defense team also called on character witnesses, including his mother and sister, who described him as compassionate and quiet.

Daniel Penny arrives at Manhattan Supreme Court with his mother, Gina Maria Flaim-Penny
Daniel Penny arrives at the Manhattan Supreme Court with his mother, Gina Maria Flaim-Penny

This case will likely be reviewed in the future, possibly serving as a turning point in how similar incidents are handled legally and medically.

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