Trial of Daniel Penny for Chokehold Death of Jordan Neely Concludes with Closing Arguments Expected

Attorneys representing Daniel Penny, who is facing charges of manslaughter and criminally negligent homicide in the choking death of Jordan Neely on a New York City subway, concluded their case on Friday. The jury is expected to hear closing arguments and commence deliberations following the Thanksgiving holiday.

Potential Consequences of Verdict

Should the jury convict Penny of manslaughter, the more serious of the charges, he could be facing a maximum prison sentence of 15 years. The tragic incident unfolded in May, when Neely, a 30-year-old homeless man and Michael Jackson impersonator, was subdued by Penny on an F train. Evidence presented in court indicated that Neely had been exhibiting erratic behavior but did not pose a violent threat. Nevertheless, Penny allegedly placed Neely in a chokehold for six minutes, despite him no longer posing a threat, leading to Neely's tragic death.

Impact on Race Relations and Public Safety

The widely shared bystander video of the encounter sparked a significant public discourse on issues of race relations, public safety within the subway system, as well as how the city addresses mental health and homelessness. The fact that Penny is white while Neely was Black added another layer to the complexity of the case. Penny's attorneys contended that the former Marine acted in self-defense and for the safety of other passengers, asserting that there was no intent to kill Neely. They argued that Penny did not apply enough pressure to cause fatal harm, presenting Dr. Satish Chundru, a forensic pathologist and consultant, as a defense witness.

Contrasting Opinions on Cause of Death

Dr. Chundru testified that he did not believe Neely died as a result of the chokehold, attributing his death to a combination of sickle cell crisis, schizophrenia, the struggle and restraint, and the synthetic marijuana in his system. This testimony was aimed at countering the findings of New York City medical examiner Dr. Cynthia Harris, who ruled that Penny's chokehold was the cause of Neely's death. The prosecution had called over 30 witnesses during the trial, including other passengers on the train on the day of the incident.

Intense Cross-Examination and Rebuttal

The final day of witness testimony witnessed the cross-examination of Dr. Chundru by Manhattan Assistant District Attorney Dafna Yoran. Yoran scrutinized Chundru's testimony, highlighting discrepancies with the findings of other medical professionals and his opinions in previous cases. This cross-examination aimed to cast doubt on the credibility of the defense's expert witness.

Contradictory Accounts at the Scene,

In a rebuttal to Dr. Chundru's testimony, New York City Police Officer Stephon Joefield was called by the prosecution. Officer Joefield aimed to refute Chundru's claim about witnesses reporting Neely was breathing after being released from the chokehold. Body-camera footage was presented to the jury, showing Neely lying on the ground when Officer Joefield responded to the scene. Although Joefield initially stated that Neely was breathing, he later clarified that Neely was unconscious and unresponsive upon his arrival.