Medical Examiner Provides Testimony in Daniel Penny Trial Linking Death to Chokehold
The medical examiner confirmed that drugs were present in Jordan Neely’s system but attributed the cause of death to the chokehold.
NEW YORK—Dr. Cynthia Harris, a New York City medical examiner, testified on Nov. 15 in the trial of Daniel Penny, the Marine who restrained Jordan Neely in a hold, stating that she attributed Neely’s death to Penny’s chokehold rather than the potent drugs found in his system.
Harris suggested that a strong drug may have contributed to Neely’s hyper-aggressive behavior prior to the May 1, 2023, incident on the F train, but she maintained that the pressure on his neck and subsequent lack of oxygen led to his death.
Harris openly disclosed that synthetic cannabinoids were detected in Neely’s system at the time of the incident, describing them as more potent than marijuana.
“As a class of drugs, they fall under the category of a stimulant. They rev the body up, they activate the system, so they fall into the same class of drugs as, say, cocaine,” Harris stated.
On Friday, the prosecution presented testimony that is likely to be crucial in their closing arguments regarding responsibility for Neely’s death.
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“If Mr. Neely’s neck wasn’t compressed, do you think he would have survived?” asked prosecutor Dafna Yoran.
“Yes,” Harris responded.
During her testimony on Nov. 15, Harris explained that toxicology tests involving blood, urine, and eye fluid are standard practice, revealing the presence of a synthetic cannabinoid in Neely’s blood.
“In this case, we found in the blood a synthetic cannabinoid,” she said.
Describing K-2 or “spice” as less known than traditional drugs like heroin or cocaine, Harris noted their constant synthesis by various labs.
After sharing this discovery, Harris emphasized her belief that Neely’s death was directly linked to the chokehold.
Using diagrams and videos from the incident, Harris detailed the effects of neck compression, explaining the vascular and airway compromise that can lead to brain oxygen deprivation.
“That alone is sufficient to cause death,” Harris continued.
U.S. Marine veteran Daniel Penny (C) leaves Manhattan criminal court after his arraignment on manslaughter charges in connection with the chokehold death of Jordan Neely, in New York City, on June 28, 2023. Yuki Iwamura/AFP via Getty Images
Harris highlighted the brain’s sensitivity to oxygen and the brain’s susceptibility to oxygen deprivation, making it the first organ to die in such cases.
This explanation clarifies why the heart may continue to beat after brain death in incidents like hanging, drowning, and choking, enabling organ donation.
“I find it entirely consistent with an asphyxial death,” Harris concluded.
“It involves compromise of the blood vessels, it involves compromise and occlusion to the airway, and it involves, by virtue of occlusion to the airway, a sickle cell event” in Neely’s body, she added.
“The sickle cells are unable to deliver,” Harris explained, noting that the sickling was a result of the incident rather than the direct cause of death.
The trial continues next week with further testimony.
