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After four days of witness testimony, the defense in the manslaughter trial of Daniel Penny has rested its case. The former Marine, accused of causing the fatal chokehold that led to the death of Jordan Neely on a New York City subway last year, faces the scrutiny of a Manhattan jury. The crux of the defense argument hinged on disputing the prosecution's assertion that the chokehold was the primary cause of Neely’s death.

The tragedy occurred in May 2023 when Penny, 26, restrained Neely, 30, on the subway after Neely shouted at passengers, expressing his hunger, thirst, and indifference to whether he lived or died. Penny, who is white, forcibly restrained Neely, who is black, in what prosecutors argue was a lethal chokehold, ultimately leading to Neely's death. According to the medical examiner, Neely’s death was classified as a homicide.

Central to the prosecution's case is the assertion that Penny's actions were excessive, holding Neely in the chokehold for approximately six minutes, violating laws and fundamental human decency. Penny, during his interview with NYPD detectives, claimed that his intention was merely to restrain Neely until police could arrive, insisting he never meant to cause harm or death.

The defense introduced a variety of witnesses to testify to Penny's character, including family members and fellow Marines. Testimonials highlighted Penny's reputation for kindness and his adherence to the value of life taught in the Marines. A martial arts instructor confirmed Penny's training in blood chokes, which are techniques meant to render a person unconscious by restricting blood flow to the brain.

Shifting focus, the defense sought to examine Neely’s mental health and medical history. Forensic psychiatrist Dr. Alexander Sasha Bardey suggested that Neely was likely experiencing schizophrenic psychosis when the incident occurred. Additionally, the defense presented a comprehensive 50-page extraction of Neely’s medical history, chronicling his long-term interactions with the health system and multiple hospitalizations.

A notable testimony from Dr. Satish Chundru, a forensic pathologist for the defense, contradicted the medical examiner’s conclusion, suggesting that Neely’s death was influenced by a combination of factors, including sickle cell trait, schizophrenia, physical struggle, and K2 intoxication. Chundru argued that Neely’s death was inconsistent with that caused by a chokehold, proposing that Neely's collapse was due to these combined factors rather than neck compression exclusively.

The prosecution, represented by Assistant District Attorney Dafna Yoran, challenged this defense, critiquing Chundru's assessment and elaborating on the behavior typically associated with a sickling crisis, noting that Neely's aggressive behavior on the subway was atypical for someone in such a state.

As the trial concluded, the jury received instructions emphasizing that the medical examiner's classification of Neely’s death as a homicide does not inherently mean a crime was committed, highlighting that such a determination is for the courtroom to decide. The jury will now deliberate to determine the outcome of the case, weighing the charges of second-degree manslaughter and criminally negligent homicide against Daniel Penny.