‘Vanishingly low’ chance Jordan Neely died from anything but Daniel Penny’s chokehold: NYC medical examiner

A doc from the New York City Chief Medical Examiner’s bureau said the likelihood Jordan Neely died from cause usage oregon mediocre wellness — arsenic Daniel Penny’s lawyers person projected — was “vanishingly low” arsenic the prosecution rested their manslaughter lawsuit against the erstwhile U.S. Marine Monday. 

Dr. Cynthia Harris, during her 3rd time connected the witnesser stand, faced a relentless enactment of questioning from Penny’s lawyers astir her determination that Neely died of homicide caused by compression of the neck. 

“The clip people implicit which this is playing retired is capable to termination anyone,” Harris testified successful Manhattan Supreme Court astir Penny’s caught-on-video chokehold of Neely connected an uptown F bid connected May 1, 2023. 

Asked connected redirect by prosecutors what the chances were that Neely, who she said had a mean heart, dropped dormant abruptly from a operation of having schizophrenia and utilizing synthetic marijuana, Harris said, “Vanishingly low. It would beryllium highly improbable.”

The doc invoked a saying astatine the ME’s office, saying it was “so improbable that it stands shoulder-to-shoulder with impossibility.”

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Jordan Neely successful 2009. (Andrew Savulich / New York Daily News)

Harris said she would request to disregard the video showing Penny choking Neely until Neely fell unconscious and began displaying signs of “terminal encephalon injury,” harm to the interior structures of Neely’s neck, a “globally purple hue to his face,” congested veins, humor spots successful his eyes typically caused by strangulation, and different symptoms to scope immoderate different conclusion.

The defence sought to situation Harris’ findings by questioning if Neely’s sickle compartment trait ended his life, but Harris said that origin would instrumentality hours to days and determination was nary grounds of it. When pressed astir the anticipation helium died from utilizing synthetic cannabinoids, Harris said the cause Neely had consumed had led to lone 7 overdose deaths retired of 10,000 studied by the aesculapian examiner’s bureau successful 4 years, and those people, dissimilar Neely, had abnormal hearts.

The defence besides attempted to present into the jury’s minds that Harris had faced unit from authorities to regularisation that Neely died by homicide due to the fact that she didn’t find the origin of decease until the time aft performing the autopsy. 

Harris said she waited until having answers to questions similar however agelong the chokehold lasted and Neely’s grade of responsiveness afterward. Once she and her colleagues watched footage of Penny choking Neely for respective minutes until helium passed retired and ordered much testing, they determined  “unanimously” that helium died arsenic a effect of the chokehold. 

Asked by authoritative Dafna Yoran if anyone had pressured her, the doc firmly said, “No.”

Penny, 26, of West Islip, L.I., has pleaded not blameworthy to second-degree manslaughter and criminally negligent homicide. 

The incidental occurred connected a Monday day arsenic Penny was riding the F bid from Brooklyn to the gym, and Neely got connected astatine the Second Ave. subway halt and began screaming, astatine which constituent Penny took him down, witnesses person said. 

Prosecutors accidental Penny’s actions — portion initially appropriate, arsenic helium sought to support passengers — became transgression erstwhile the bid reached the adjacent stop, Broadway-Lafayette St. There, they say, helium “recklessly” choked Neely for astir six minutes after passengers had fled to safety. 

Penny’s lawyers, successful summation to contesting Neely’s origin of death, person countered helium was justified successful subduing a antheral who appeared unstable and was terrifying subway riders. 

Neely, 30, who battled untreated intelligence unwellness and poorness successful the years earlier his death, has not been accused of touching anyone. 

After the prosecution rested, Penny’s lawyers called arsenic quality witnesses his sister, Jacklyn Penny, and friend, Alexandra Fay, who each testified for astir 10 minutes. 

Penny’s sister, 1 twelvemonth his senior, said they had 2 younger sisters and came from a tight-knit household and town. She said they were adjacent to their grandparents, who played an important relation successful their lives erstwhile their parents divided successful precocious school. 

Describing Penny arsenic ever being “very saccharine to my friends,” Jacklyn Penny said helium got bully grades and played bass with the schoolhouse orchestra and lacrosse. 

She said, “being that [Penny] was ever [a] precise calm, soft-spirited person,” she disquieted erstwhile helium wanted to articulation the Marines, but that “he was ever patriotic” and men successful their household had served. 

Asked by Penny’s lawyer, Thomas Kenniff, astatine slightest a fractional twelve times whether his lawsuit had a estimation for being “calm and peaceful,” “empathetic,” and “honest,” Penny’s sister and Fay said yes. 

During a speedy cross-examination, prosecutors asked Fay if it was existent she’d donated to Penny’s ineligible defence fund, and she said she had. Justice Maxwell Wiley sustained an objection erstwhile they asked if she knew it had raised $3 million. 

In the weeks aft Penny’s arrest, he became a right-wing origin célèbre, with Trump-friendly Kid Rock, GOP statesmanlike campaigner Vivek Ramaswamy, and blimpish podcaster Tim Pool contributing to the millions raised for his lawyers.