Despite the original uproar and assumptions, the chokehold applied by former marine Daniel Penny was NOT the cause of Jordan Neely’s death on the subway in 2023. According to the defense’s medical expert, Dr. Satish Chundru, Neely succumbed to a “combined effects” of synthetic marijuana, schizophrenia, and other contributing factors.
Dr. Chundru, a forensic pathologist from Texas, testified to jurors in Manhattan Supreme Court that neither Neely’s autopsy results nor video footage of the F train incident showed signs typical of deaths caused by chokeholds.
“In your opinion, did Mr. Penny choke Mr. Neely to death?” queried Steven Raiser, Penny’s attorney.
“No,” responded Chundru, “the chokehold did not cause death.”
Chundru, with experience as a medical examiner in Florida and Texas, dismissed both medically recognized chokeholds — the air choke and the blood choke — asserting that Neely died from other causes.
He highlighted discrepancies in Neely’s medical records, particularly noting bruising on Neely’s neck and an “almost negligible” presence of petechia — small bleeding spots on his eyelids — which he argued were inconsistent with a fatal chokehold.
Instead, Chundru — who brands himself as the “Forensic Doc” online — stated that Neely’s death was due to “the combined effects of sickle cell crisis, schizophrenia, struggle and restraint, and synthetic marijuana.”
Chundru claimed that schizophrenia increases the “risk of sudden cardiac death.”
He also testified that he had encountered deaths solely from K2 toxicity. Evidence presented at trial indicated that Neely, once a Michael Jackson impersonator with a history of mental illness and drug abuse, had synthetic marijuana in his system when he died.
Chundru’s findings starkly contrast with those of the city medical examiner who maintained her ruling that Neely’s death resulted from asphyxiation caused by the ex-Marine’s chokehold.
Dr. Cynthia Harris conducted the autopsy and insisted that video evidence clearly showed the chokehold as the cause of death — stating she wouldn’t change her conclusion even if it emerged that Neely had enough drugs in his system “to put down an elephant.”
Harris testified earlier this week that she and other doctors at the Office of the Chief Medical Examiner believed Neely’s death was due to “asphyxia,” consistent with being choked after viewing video footage showing Penny’s arm around Neely’s neck.
Manhattan Assistant District Attorney Dafna Yorna challenged Chundru on his claims about petechia on Neely’s eyelids, eventually prompting him to admit that other medical experts, including his mentor, found such symptoms consistent with death by asphyxiation.
The prosecutor also questioned Chundru about whether the darker color of Neely’s face compared to his arms indicated blood flow obstruction due to blocked arteries and veins from the chokehold.
Yoran referenced bystander video showing Neely’s face darker than the rest of his skin with protruding veins on his forehead and asked Chundru for his interpretation.
“One suggestion is blockage; another is suntan,” Chundru said before ultimately agreeing with the prosecutor.
Chundru’s cross-examination will resume Friday, with closing arguments in this high-profile trial expected on Dec. 2.
Numerous eyewitnesses testified that during the May 1, 2023 encounter, Neely was threatening passengers but hadn’t physically touched anyone before Penny intervened and restrained him.
Penny’s legal team argues he acted in defense of other commuters and should not be held criminally responsible for Neely’s death.
Prosecutors contend Penny was aware his actions could be lethal yet proceeded regardless.
Penny faces charges of second-degree manslaughter and criminally negligent homicide, carrying a potential sentence of up to 15 years if convicted on the primary charge.
