A medical examiner testified on Friday that Jordan Neely’s death was caused directly by the chokehold applied by Daniel Penny. This contradicted the defense’s argument, which claimed that Penny hadn’t used enough force to fatally harm Neely and suggested that other factors might have contributed to his death.
Days after Jordan Neely’s death, Harris ruled the manner of death as a result of a chokehold. Over a month later, a grand jury charged Daniel Penny with manslaughter. The medical examiner testified that Neely died due to neck compression, or asphyxia.
Daniel Penny’s defense team, which also faces a charge of criminally negligent homicide, has disputed the medical examiner’s conclusions. In his opening statement, attorney Thomas Kenniff argued that Penny used a “nonlethal chokehold,” learned through his Marine Corps martial arts training, to restrain Neely.
The trial is currently in its fourth week and is expected to continue through Thanksgiving. Penny, 26, who had been studying architecture before his arrest, was on his way to the gym after class when he encountered Neely on an uptown F train on the afternoon of May 1, 2023, according to his attorneys.
When Neely boarded the train, witnesses testified that he shouted at passengers, threw his jacket on the floor, and expressed feelings of hunger and thirst. He also made threatening remarks about hurting others and said he wanted to return to jail for life. Toxicology reports revealed that he had synthetic cannabinoids in his system at the time of his death. Neely had a history of mental illness and homelessness.
In an interview with detectives hours after Jordan Neely’s death, Daniel Penny claimed he acted to protect passengers, denied putting pressure on Neely’s neck, and said he never intended to kill him, according to a video shown in court. One detective testified under cross-examination that neither he nor his partner had informed Penny that Neely was dead during the interview.
Prosecutors have argued that while Penny may have had good intentions initially, his actions became “recklessly unnecessary” when he continued to hold Neely in the chokehold even after Neely went limp, the train reached the station, and passengers could exit.
While some passengers reported feeling threatened by Neely, prosecutors pointed out that no witness saw him display or threaten to use a weapon before Penny restrained him. After Neely’s death, a muffin was found in his jacket.
The case has sparked discussions about subway safety in New York City and whether race influenced Daniel Penny’s actions, given that Neely was Black and Penny is white.
Medical examiner Harris testified that Neely’s last voluntary movement occurred just before Penny released the chokehold. Using a video shown in court, she explained in detail the exact moment Neely stopped breathing and went limp.
Harris pointed out parts of the video where Neely appeared to struggle to breathe, make a hand gesture asking for help, and where his face turned “universally purple” as he began to twitch.
Assistant District Attorney Dafna Yoran asked Harris about witness testimonies stating they did not hear Jordan Neely gag, gasp, or say he couldn’t breathe. Harris responded that this did not surprise her.
She also explained that it was not unexpected that some witnesses, including responding officers, testified that Neely still had a pulse several minutes after Penny released the chokehold.
Harris explained that a pulse can remain for up to 10 minutes in such situations.
Harris testified that the presence of a pulse indicated Neely had a normally functioning heart, despite his body dying. During cross-examination, defense attorney Steven Raiser tried to challenge Harris’ conclusions, suggesting that the video of Penny choking Neely may have influenced her findings.
He also questioned why she determined the cause of death before the toxicology reports were finalized.
Harris responded by stating, “No toxicological result imaginable was going to change my opinion.”
A video recorded by a freelance journalist and widely shared online showed Daniel Penny holding Jordan Neely in a chokehold as Neely struggled to break free.
Prosecutors claim Penny held the chokehold for nearly six minutes, with two other men helping to restrain Neely for part of that time. One of those men testified that he tried to urge Penny to release Neely.
On Thursday, Joseph Caballer, a former Marine who trained Penny in various holds during their service, testified that Penny may have applied the chokehold incorrectly. Caballer explained that the video appeared to show Penny attempting a blood choke, which, if done correctly, could deprive the brain of oxygen within eight seconds.
However, he suggested that during the struggle, the hold may have transitioned into an air choke, which takes longer to render a person unconscious. Caballer clarified that the Marine Corps does not teach the air choke technique.
Over two dozen witnesses have testified in the case, including police officers, passengers, and transit authority members. On Tuesday, Eric Gonzalez, a subway rider who assisted Daniel Penny in restraining Jordan Neely, shared his account. Gonzalez said that when he approached, Penny had his legs around Neely’s waist and his arm around Neely’s neck.
Gonzalez, not knowing why Penny was restraining Neely, jumped in to help. After holding Neely’s wrist, he told Penny, “You can let him go. I am holding on to him,” but Penny continued to choke Neely while Gonzalez held his arms and wrist. Gonzalez testified that he and Penny released Neely once he went limp.
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