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Pathologist Testifies Chokehold Didn't Cause Subway Rider's Death

Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

A forensic pathologist testified in defense of a military-trained commuter charged with killing a man in a subway chokehold incident. The pathologist disputed the claim that the chokehold caused the man's death, stating that it was not the primary factor. The defense argues that the defendant was trying to restrain the victim, not kill him.

The incident, which has sparked national debates on race and self-defense, involved a white Marine veteran and a Black, homeless, and mentally ill man. The defense maintains that the pressure applied was not lethal and was done to protect other passengers.

The pathologist highlighted discrepancies in the victim's medical records and bystander videos, pointing out that there were no clear signs of a fatal chokehold. He attributed the man's death to a combination of factors, including drug use, mental illness, and physical exertion.

However, the city medical examiner who conducted the autopsy concluded that the victim died from the chokehold. She dismissed alternative explanations and emphasized the role of the restraint in the man's death.

The defendant, who pleaded not guilty to manslaughter and homicide charges, claimed he was defending himself and others on the subway. The victim, known for entertaining riders, had a history of psychiatric issues and criminal behavior.

The altercation, captured on bystander videos, showed the defendant holding the victim in a chokehold for several minutes. The prosecution argued that excessive force was used, while the defense maintained that the defendant was trying to prevent the victim from causing harm.

The trial continues as both sides present their arguments and evidence to the court.

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