### Jury to Decide Fate of Ex-Marine in Subway Chokehold Death

The trial of Daniel Penny, a former Marine accused of causing the death of Jordan Neely with a chokehold on a New York City subway, has reached a crucial stage. After four days of witness testimonies, the defense has rested its case, leaving a jury of 12 Manhattanites to determine Penny's fate. Penny faces charges of second-degree manslaughter and criminally negligent homicide.

The central issue in the trial revolves around Neely's cause of death. The prosecution argues that Penny's chokehold, which lasted approximately six minutes, was the primary factor. Conversely, the defense introduced a forensic pathologist who disputed this claim, suggesting multiple factors, including Neely's pre-existing health conditions and drug use, contributed to his death. Neely, a 30-year-old homeless man, died in May 2023 following the confrontation with Penny, 26, who attempted to subdue him after Neely began shouting at passengers about his desperation and willingness to die.

Prosecutors underscored that they are not trying to prove Penny intended to kill Neely. Instead, they argue Penny's actions went "way too far," violating both "law and human decency." A standout piece of evidence was a video in which Penny is seen explaining to NYPD detectives that he meant to restrain Neely until authorities arrived and did not intend any harm.

The defense's strategy included character witnesses who depicted Penny as kind and responsible, as well as exploring Neely's mental health history. Forensic psychiatrist Dr. Alexander Sasha Bardey testified that Neely likely experienced schizophrenic psychosis during the incident, although Bardey never met or examined Neely. The defense also introduced a 50-page extraction of Neely's medical history, documenting numerous hospitalizations for psychosis and reports of delusions and auditory hallucinations.

Controversy arose between medical professionals regarding Neely's cause of death. Dr. Satish Chundru, a forensic pathologist for the defense, testified that the chokehold did not cause Neely's death. Instead, Chundru cited factors like Neely's sickle cell trait, schizophrenia, struggle and restraint, and K2 intoxication. This testimony sharply contradicted the findings of Dr. Cynthia Harris, the New York City medical examiner who performed Neely's autopsy and concluded that neck compression was the cause of death.

As the jury prepares for deliberation, they have been instructed by Judge Maxwell Wiley that the term "homicide" as used by a medical examiner does not equate to a legal conclusion of a crime. Instead, the jury will make their own judgment based on the evidence presented.

The outcome of this high-profile case will have significant implications, touching on broader societal questions about the appropriate use of force by civilians and the treatment of those suffering from mental illness in public spaces.