Forensic pathologist tells Daniel Penny trial there is no way Jordan Neely died from subway chokehold

A forensic pathologist called to the stand in the manslaughter trial of Daniel Penny who is accused of using a fatal chokehold on a homeless man on the New York City subway, has declared there is insufficient evidence that a choke caused the victims death.

Dr. Satish Chundru, who was called to testify by Pennys attorneys, blamed Jordan Neelys death on a combination of a sickle cell crisis and the effects of synthetic marijuana.

Neely, 30, who had been confrontational toward straphangers aboard an F train, was pronounced dead at the scene after Penny, 26, restrained him in May of last year.   

The medical examiner ruled the death a homicide - a determination that Chundru aggressively disputed on Thursday.

The Texas-based Chundru argued that someone like Neely, who was schizophrenic, high, and involved in a struggle, can die without their airways being restricted.

The former Miami-area medical examiners statement came in stark contrast to one delivered just days earlier, from the doctor who conducted the citys autopsy.

Dr. Cynthia Harris had maintained it was neither drugs nor the victims genetic disorder that took Neelys life, while also ruling out cardiac arrest.

Scroll down for video: 

A forensic pathologist called to the stand in the manslaughter trial of Daniel Penny who is accused of using a fatal chokehold on a homeless man on the New York City subway, has declared there is insufficient evidence that a choke caused the victims death

The expert blamed Jordan Neelys death on a combination of a sickle cell crisis and the effects of synthetic marijuana 

The chokehold did not cause the death, Dr. Chundru told the court Thursday after being asked for his opinion on the matter by defense lawyer Steven Raiser. 

He said Neely died from the combined effects of synthetic marijuana, schizophrenia, and the blood condition that can lead to fatal complications during exertion. 

He went on to describe how, in a chokehold death, there a two phases: unconsciousness and death.

Pointing to video filmed by passengers on the train, he claimed that a visibly struggling Neely was not first rendered unconscious, and that he actually died immediately.

Whats... important is unconsciousness always proceeds death in a chokehold, he said. 

This is a very complicated case, Chundru continued. We have schizophrenia involved, sickle cell trait involved, a chokehold.

In a sickle cell crisis, death is a lack of oxygen, he explained. So the same thing [in] an asphyxia death.

Chundru added that a victim losing consciousness from having their air passage restricted would not necessarily result in death. 

Dr. Satish Chundru made the assertion in Manhattan Criminal Court Thursday. He is seen here testifying during a different case in 2012

A former marine, Penny had been on his way to a gym after attending a college class. He is charged with not only criminally negligent homicide, but manslaughter as well

The person being choked, upon being released, would typically wake up, he said.

Footage from the incident shows Penny, a former marine whose old instructor testified to the court last week, holding the choke well after Neely goes limp. 

The prosecution already rested its case Monday morning, allowing the defense to make its argument.

Prosecutors have painted Penny as unskilled, saying he improperly administered a choke for a duration that resulted in the victims death.

Penny, meanwhile, has admitted to having no formal jiu-jitsu training, aside from what was provided to him while training to be a Marine.

This past Thursday, the Marine who trained Penny to apply a chokehold, Combat Instructor Joseph Caballer, conceded that video filmed by witnesses indicated his old cadet looked to have done so improperly.

Caballer testified that the video appeared to show Penny trying to use a blood choke to restrain Neely - something he said should have seen him rendered unconscious within seconds. 

Instead, the hold spanned more than six minutes. 

Prosecutors have painted Penny as unskilled, saying he improperly administered a chokehold for a duration that resulted in the victims death.

Penny has admitted to having no formal jiu-jitsu training, aside from what was provided to him while training to be a Marine

The Marine who trained Penny to apply a chokehold, Combat Instructor Joseph Caballer, conceded that video filmed by witnesses indicated his old cadet looked to have administered the choke improperly

Dr. Chundru argued that someone like Neely, who was schizophrenic, high, and involved in a struggle , can die without their airways being restricted 

During that time,  Neely, while writhing in Pennys arms, could have inadvertently  turned the clench into an air choke, which takes longer to render a person unconscious and could prove fatal much easier.

The hold is not taught by the Marines, he told jurors.

The prosecution will have the opportunity to challenge Chundrus opinion during the cross-examination.

Penny, 26, is charged with manslaughter and criminally negligent homicide. He faces up to 15 years in prison.