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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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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.

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