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Published on: 2025-03-20 15:13:57 Published on: 2025-03-20 15:13:57

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Penny placed 30-year-old Neely in a chokehold after he began shouting at train passengers that he was hungry and thirsty and didn’t care whether he died. Penny, who is White, forced Neely, who is Black, to the train floor and restrained him in what prosecutors say became a deadly chokehold. A medical examiner ruled Neely’s death a homicide.

Prosecutors are not trying to prove that Penny intentionally tried to kill Neely.Instead, they allege he went “way too far” by holding Neely’s neck for about six minutes, violating “law and human decency.”

Penny told NYPD detectives he put a man in a chokehold to try to restrain him until police arrived and did not mean to hurt or kill him, according to a video played in court.

During the first days of defense proceedings, Penny’s attorneys brought character witnesses to the stand who testified to his reputation. In the following days, the defense turned toward Neely’s medical history and pointedly disputed the medical examiner’s determination of the cause of death.

Following closing arguments on December 2, a jury of 12 Manhattanites will decide Penny’s fate. He faces one count each of second-degree manslaughter and criminally negligent homicide.

Penny’s attorneys introduced six character witnesses during the first two days of their presentation, including family members and men he served with in the US Marines.

Penny served four years in the Marines. He was a green belt in the Marine Corps martial arts program, learning several blood chokes designed to cut off blood flow to the brain and render someone unconscious, his martial arts instructor Joseph Caballer had testified for the prosecution.

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Best Agricultural Stocks in India Stock Trend Prediction Tools ✌️【Asset】✌️ Free real-time stock market analysis, market dynamics reports, and expert insights into stocks, metals, energy, and agricultural products. Make profitable decisions by leveraging our advanced market forecasting tools. A childhood friend said Penny was known for being “kind, too kind.” A man who served with himin the same battalion said he had a reputation for being “above reproach,” and that as Marines they were “taught to value life.”

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Best Agricultural Stocks in India Stock Trend Prediction Tools ✌️【Asset】✌️ Free real-time stock market data, professional analysis, and expert insights to help you plan the best investment strategy. Get ahead of the competition with expert predictions on market trends. A 50-page extraction of Neely’s medical history, going back six years, showed the homeless man’s multiple interactions with the city’s health system throughout more than a dozen hospitalizations.

In some instances, Neely requested medicine for his psychosis. In others, he described being hungry and cold. Medical professionals also reported Neely, sometimes disheveled and unclean, reported hearing voices and had delusions of grandeur. He also reported being afraid that people wanted to attack him because they were jealous of him.

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In a marked counter to the official medical examiner’s ruling, a forensic pathologist for the defense testified Penny’s chokehold did not cause Neely’s death.

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Dr. Cynthia Harris, a New York City medical examiner who performed Neely’s autopsy, sat in the gallery as Chundru frequently knocked her methods and conclusions that she testified to last week. Harris testified for the prosecution that she had no doubt Neely died from neck compression.

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In a lengthy cross-examination, the prosecution spent hours aiming to discredit Chundru’s conclusion that Neely’s sickling crisis was largely to blame for his death.

Chundru said Neely was likely in a sickling crisis before Penny put him in a chokehold. He testified the city medical examiner missed signs of previous sickling in Neely’s spleen revealed in the autopsy he said further supports his finding.

Best Agricultural Stocks in India Stock Trend Prediction Tools ✌️【Asset】✌️ Free stock market analysis and data updates to help you select the best investment portfolio. Achieve steady growth and avoid losses with expert predictions and real-time market insights. Assistant District Attorney Dafna Yoran challenged Chundru saying someone in a sickling crisis would likely appear lethargic and short of breath, unlike Neely’s loud and aggressive behavior testified to by subway witnesses.

Best Agricultural Stocks in India Stock Trend Prediction Tools ✌️【Asset】✌️ Real-time stock indices and futures data to help you seize the best investment opportunities. Analyze market movements with precision and grow your portfolio with expert stock predictions. The jury heard that a medical examiner ruled Neely’s death a homicide, but siding with the defense, Judge Maxwell Wiley instructed the jury that homicide as it is defined by a medical examiner “is not a conclusion that a crime was committed – you make that conclusion or it is made in a courtroom.”

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