NEW YORK — On Thursday, a forensic pathologist provided testimony regarding the death of Jordan Neely, which occurred after he was held in a chokehold for approximately six minutes on a subway floor. The testimony was delivered in the trial of Daniel Penny, the commuter facing charges related to Neely’s death. The pathologist’s statements were aimed at defending Penny’s actions during the encounter.

According to a medical examiner from New York City, Penny’s chokehold was determined to be the cause of Neely’s death. Neely was described as an agitated individual with a mental health condition who had allegedly made other subway passengers feel threatened. However, the defense’s expert, Dr. Satish Chundru, argued otherwise, stating that the evidence, including medical records and bystander footage, did not exhibit characteristics typical of lethal chokeholds.

Chundru detailed inconsistencies such as the pattern and severity of bruising on Neely’s neck, along with a limited number of petechiae—tiny red spots that can indicate suffocation—on his eyelids. In response to a query from defense attorney Steven Raiser about whether he believed that Penny’s actions resulted in Neely’s death, Chundru replied, “No.” With experience as a medical examiner in Florida and Texas, Chundru concluded that Neely’s demise was due to a mixture of factors: the effects of synthetic marijuana, underlying schizophrenia, the struggle he endured during restraint, along with a preexisting blood condition that poses risks during physical exertion.

“The chokehold did not cause death,” Dr. Chundru affirmed in his testimony, bolstering the defense’s position in Penny’s ongoing case. At 26 years old, Penny has entered a plea of not guilty to charges of manslaughter and criminally negligent homicide. His defense argues that the former Marine and current architecture student was acting in self-defense, protecting both himself and other passengers during the incident.

Jordan Neely, aged 30, had a background as a performer impersonating Michael Jackson on the subway, but also struggled with past psychiatric and substance abuse issues, including a criminal history that involved assaults. The confrontation occurred on May 1, 2023, when Neely was reportedly begging for money while expressing a desire for either death or incarceration, leading to apprehension among passengers. Penny alleged that Neely made a threatening gesture toward a woman holding a child, declaring, “I will kill.”

During the struggle, Penny restrained Neely by placing him on the ground and maintaining the chokehold for nearly six minutes, as documented in videos captured by onlookers. Witnesses noted that Neely appeared to have stopped moving in the last minute of the encounter.