And that Penny’s chokehold was insufficient to cause Neely’s death. But according to a medical examiner’s testimony, Neely’s death was due to “compression of the neck,” not any other medical conditions.
Penny was charged with carelessly ignoring the possibility that his chokehold might result in Neely’s death that day on the train car floor during the trial, which started with jury selection on October 21.
According to prosecutor Dafna Yoran, Penny should have seen that Neely’s life was in danger due to the prolonged chokehold.
Additionally, Yoran said that Penny’s continuous holding of Neely’s neck after Neely ceased to be a danger to passengers was needlessly irresponsible.
The prosecution said that Penny did not attempt to diffuse the situation in any other manner and instead put Neely in a chokehold without hesitation.
According to what Yoran told jurors, another spectator who rushed to Penny’s rescue tried to hold Neely’s arms down.
