NEW YORK – Prosecutors rested their case Monday the trial of Daniel Pennythe Navy veteran accused of chokehold of Jordan Neely aboard a subway train last year.
Penny has pleaded not guilty.
Dr. Cynthia Harris, the doctor who performed Neely’s autopsytook the stand for the third day. She continued to defend her assessment of 30-year-old Neely’s cause of death as neck compression or asphyxia.
Penny’s lawyers asked her if she could observe Penny applying consistent pressure to Neely during the chokehold, and replayed it. cellphone video of the incident.
‘That stranglehold before then would kill anyone’
Harris told the jury she cannot tell how much pressure is being applied because “there is no force gauge on his arm.”
Penny told detectives during a voluntary interview at the police station that he exerted no pressure.
“He doesn’t pinch,” his lawyers said.
They pointed to police bodycam video, where they said someone said Neely was breathing.
Penny’s lawyers asked Harris if there was any breathing. Wouldn’t that prove it wasn’t a death by asphyxiation?
“If someone said he was actually breathing, I would be surprised. But I would still say I thought it was ultimately a death by asphyxiation,” Harris said.
Neely had sickle cell disease. Harris claims this did not contribute to or cause his death.
“That chokehold during that time would kill anyone,” she said.
K2 in Neely’s system
Defense attorneys pushed for synthetic cannabinoids in Neely’s system, also known as the drug K2. Harris said that of the 10,000 overdoses in New York City, seven were due to synthetic marijuana, and all of these people had abnormal hearts. Neely had a normal heart, she said.
Harris also testified that there is no way to know how much K2 was in his system, and that synthetic cannabinoids are relatively new and not a well-understood class of drugs.
Prosecutors say Penny’s intentions were good, but allege he used excessive force. Witnesses have stated that Neely boarded an F train in May 2023 and shouted threats.
The prosecutor rested on Monday afternoon.
The defense called Penny’s sister Jackie to the stand. She described growing up in West Islip and explained their close bond to the jury. A childhood friend of Penny’s was also called to the stand.
The trial continues on Tuesday.
Alice Gainer
