Jurors in Daniel Penny’s manslaughter case for the subway chokehold incident that resulted in Jordan Neely’s death asked to review videos of the encounter and the cross-examination of the medical examiner. The panel watched footage of Penny restraining Neely on the subway floor, police-worn body camera footage, and Penny’s statements at the precinct. They also requested a readback of Dr. Cynthia Harris’ testimony about determining Neely’s cause of death as homicide caused by compression of the neck. Harris stated that no toxicology results would have changed her conclusion, even if Neely had consumed a large amount of fentanyl. The toxicology reports showed synthetic marijuana in Neely’s system. Penny’s defense presented a medical expert blaming other factors such as Neely’s schizophrenia and synthetic marijuana use for his death. The incident occurred when Penny, a former Marine, took down Neely, who was homeless and experiencing mental illness, on the subway. Prosecutors argue that Penny’s actions became criminal as he continued to subdue Neely in an empty car until he stopped breathing. Penny pleaded not guilty to manslaughter and criminally negligent homicide. The jury did not reach a verdict and will continue deliberations on Thursday.
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Daniel Penny’s jury reviews video footage of subway chokehold incident, as well as medical examiner testimony
