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NEW YORK – Dr. Satish Chundru, a Texas forensic pathologist working for Daniel Penny’s defense as he fights charges for the subway chokehold death of Jordan Neely, returned to the witness stand Friday for a second day of grilling.
Penny, a 26-year-old Marine veteran and architecture student, grabbed the 30-year-old Neely in the middle of a schizophrenic, drug-fueled outburst on a subway car that witnesses said included death threats and had them fearing for their lives. Although Neely still had a pulse when Penny let go, he later died.
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Contrary to the official autopsy report conducted by Dr. Cynthia Harris of the New York City Medical Examiner’s Office, Chundru testified that he does not believe a chokehold caused Neely’s death.
DANIEL PENNY DEFENSE CALLS FORENSIC PATHOLOGIST TO WITNESS STAND: ‘THE CHOKEHOLD DID NOT CAUSE THE DEATH’
Dr. Satish Chundru leaves the courtroom during a recess in Daniel Penny’s New York City manslaughter trial at Manhattan Supreme Court in New York City on Thursday, Nov. 21, 2024.(Rashid Umar Abbasi for Fox News Digital)
During a grueling cross-examination, Assistant Manhattan District Attorney Dafna Yoran grilled Dr. Chundru on the connection between sickle cell trait and death in other cases, prompting repeated objections from the defense.
At one point, Judge Maxwell Wiley cut her off and said “we’re not doing that.” But the questioning continued through more objections before the court went to recess.
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Before jurors returned, the defense argued that Yoran improperly brought up the term “homicide,” a misstep that happened earlier in the trial as well.
Wiley said he did not want to strike the back-and-forth. When the jury returned, he told them that “homicide” means something different to a medical examiner than it does to a lawyer or a jury and asked them not to weigh the witness’ use of that word when weighing facts of the case.
Daniel Penny walks in the hallway of Manhattan Supreme Court on Tuesday, November 19, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train.(Rashid Umar Abbasi for Fox News Digital)
It was the second time that the word “homicide” came up controversially and prompted the defense to raise an objection. Earlier this week, Wiley ordered the first comment stricken, when Dr. Harris mentioned that “all homicide reports” were reviewed by another doctor in the city medical examiner’s office.
Not all homicides are criminal, and the defense argued that the prosecution’s repeated espousal of the word could confuse the jury.
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The defense asked the court to note for the record that they have had several conversations, and the DA’s office agreed that bringing up testimony from forensic pathologists regarding death as a “homicide” would be misleading to the jury.
The first time, it came from Dr. Harris. The second, the defense said Yoran said the word as part of her questioning. She denied it. The judge said he would review the transcript later and issue additional jury instructions if necessary.
Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square in New York City in 2009.(Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
While Penny’s team has maintained that his actions were justified, that’s not their only line of defense, according to Louis Gelormino, a New York City defense attorney who is closely following the case.
“One of the other defenses is, ‘Well, I didn’t kill him. My actions weren’t the cause of death,’” he told Fox News Digital Friday. “So yes, it doesn’t make a difference if it was justifiable. But if his actions weren’t justifiable, the jury could also say, ‘Hey, [his] actions didn’t kill him. He died because of the other things going on in his body.’ And that’s why that’s relevant.”
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Chundru, a former Miami-area medical examiner who now runs a private practice in Texas conducting autopsies in a half-dozen counties, has testified that he did not believe an air choke caused Neely’s unconsciousness and, therefore, did not cause his death.
Rather, he blamed it on “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”
Dr. Cynthia Harris arrives for Daniel Penny’s trial at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train.(Adam Gray for Fox News Digital)
Dr. Michael Baden, a former New York City medical examiner and leading forensic pathologist, disagreed with Chundru’s testimony.
“Dr. Chundru’s testimony may have been very interesting, but it was wrong,” he told Fox News Digital. “He described what can happen in sickle cell disease, not what happens in sickle cell trait, which Neely had. Eight percent of Black people in this country have sickle trait, which is a benign medical condition that rarely causes any symptoms, let alone death.”
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At the autopsy, Harris found significant “sickling” on Neely’s organs, she testified, and lawyers on both sides asked for an explanation. She said the condition did not contribute to Neely’s death, and she blamed it solely on asphyxiation from the chokehold.
“Sickle trait red blood cells do sickle after death, when the body’s oxygen supply disappears and can be seen at autopsy – as with Neely or with anyone with sickle trait dying from any condition,” Baden said. “It’s a post-mortem artifact like rigor mortis. Further, death from sickle disease takes days of sickling to occur; it can’t occur in seconds as happened to Neely.”
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway.(Luces de Nueva York/Juan Alberto Vazquez via Storyful)
DANIEL PENNY TRIAL: SUBWAY MADMAN CLAIMED HE HEARD TUPAC AND DEVIL BEFORE DEADLY CHOKEHOLD, SHRINK SAYS
However, he said, even if the chokehold caused Neely’s death, it is not up to the medical examiner to decide whether that was criminal.
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“The individual circumstances are important as to whether the death could [or] should have been avoided, and whether the death should be prosecuted, which is entirely up to the prosecutor,” he said.
Penny faces up to 15 years in prison if convicted on the top charge of manslaughter. He also faces a charge of criminally negligent homicide.
It was not immediately clear whether he would take the stand in his own defense, although some experts have suggested it is likely that he will because it is a self-defense case.
As the snow turns to sleet and freezing rain in parts of the state this afternoon, it is causing some treacherous travel on Connecticut roads.
The Connecticut Department of Transportation is reporting several crashes.
There are crashes on both sides of Interstate 691 in Meriden.
A tractor-trailer jackknifed on the eastbound side of I-691 between Exit 5 and 3, closing the left lane. On the westbound side, a single-vehicle crash closed the left lane.
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There is a two-vehicle crash on I-91 North in Middletown between Exits 20 and 21. The left and center lanes are closed.
A multi-vehicle crash has closed lanes of I-84 East in Waterbury between Exits 25 and 25A. There is a second crash on I-84 East in Southington near Exit 30.
In Cromwell, a two-vehicle crash closed the right lane of Route 9 North in Cromwell.
On Route 9 South, a crash closed a lane on the southbound side.
Are you up for a Maine food challenge, or are your eyes bigger than your stomach?
A Waterville staple, Buen Apetito has a monster burrito just waiting for someone to eat it down to the very last bite.
This thing is a beast, literally called La Bestia, and it’s definitely a mighty task for a fearless foodie.
Take on the Buen Apetito La Bestia Food Challenge in Waterville, Maine
According to Buen Apetito, if you can finish a super-sized burrito in 30 minutes or less, you’ll get the $60 meal for free, a La Bestia champion shirt, and a picture on the wall of fame. That’s not to mention the bragging rights of dominating a task few will be able to conquer.
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Wondering what’s in the burrito?
The Mexican restaurant shared in a Facebook comment on a post that the burrito is filled with “grilled chicken, chorizo, and tender shredded beef or pork. Built on a layer of seasoned rice, refried beans, and French fries, it’s melted together with a shredded Mexican cheese blend and a drizzle of creamy cheese sauce, sautéed peppers and onions, green salsa, pico de gallo, sour cream, creamy guacamole, and a bed of shredded lettuce all wrapped in three extra-large tortillas fused into one epic wrap.”
Let’s just say that this thing is packed full.
The first La Bestia contender took up his fork and knife in December 2025, but despite coming close, he couldn’t come out with the win.
As of March 2026, the challenge has remained undefeated. But you never know, someone is bound to come out victorious.
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Just note that you can only try your hand at this food challenge on Wednesday and Thursday.
Buen Apetito Has Been a Longstanding Waterville, Maine, Restaurant
First opened in 1999, Buen Apeitito has been around for nearly 30 years.
Centralmaine.com reported that the Mexican restaurant was originally located at the Railroad Square complex off Chaplin Street before moving to 99 West River Road in 2023.
A little over a year later, in 2024, Buen Apetito shared on Facebook that it was passing on the torch to new owners, including Dalia, “the heart and soul of [the] kitchen for twenty years,” her daughter, Norma, and Norma’s husband, Shawn.
READ MORE: Famous Maine Restaurant Buen Apetito Adds Powerhouse New Owner to Crew
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And it seems like not only are things still going strong, but new additions like La Bestia food challenge are only enhancing the spirit of big flavor and delicious Mexican food at the Waterville staple.
So, you think you’re up for the task of taking down a beast of a burrito at Buen Apetito? Good luck.
You Know You’re From Maine If You’ve Tried All 19 of These Foods
Here’s a number of foods associated with Maine. How many of them have you had?
Gallery Credit: Sean McKenna
The New York Time’s Best Restaurant Lists Feature These 7 Maine Spots
Happy Tuesday! While today started off dry, we’re already looking at snow out there across the area. While this event will primarily stay as rain on the Cape and islands, it will be an icy mix of snow, ice and rain for the rest of us.
The rain/snow line will continue to advance from the south to the north as the evening progresses. Before the changeover, there will be a quick coating to 2 inches for most of our area.
The threshold between the snow and rain will feature sleet and freezing rain, leading to that icing.
For the rest of the night, there will primarily be rain with continued pockets of freezing rain, leading to increasing spotty ice accretion. Be extremely careful on roads, especially since switching between rain and freezing rain can wash off any road salt.
The rain and freezing rain will exit by 6 a.m. Wednesday, but temperatures will still be close to freezing during the morning commute, so watch out for some spotty black ice.
The rest of Wednesday will be really nice! Highs will warm up to the mid 50s with the help of ample sun.
Thursday we start off in the mid 20s and top off in the mid 40s. We’ll be partly sunny with another chance for some wintry weather Thursday night. This primarily looks like some rain and freezing rain, rather than the triple threat with snow too. We’ll keep an eye on that for you.
That will continue into Friday morning. The rest of Friday: cloudy with a chance for a spot shower and highs cooler again in the upper 30s. Saturday will be dry, breezy and cloudy but gorgeous near 50 degrees! There’s a chance for some rain showers Saturday night. Don’t forget to set your clocks forward an hour before you to go bed!
Sunday we start the day mild in the 40s and make it all the way into the upper 50s with more sun. Monday and Tuesday both look bright and in the 60s! Stay tuned.
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