Amanda Prestigiacomo

It's also important to keep in mind that it's any defendant's constitutional right to choose not to testify. Kenneth made that point when I spoke to him last month just before this trial kicked off.

Right. That was interesting for a couple of reasons. First, it was revealed that detectives, when they initially interrogated him, did not tell Penny that Neely had died. In the footage, Penny seems unaware he's under any suspicion or that he would be arrested. He waives his Miranda rights and he talks to officers for about 25 minutes.

Right. That was interesting for a couple of reasons. First, it was revealed that detectives, when they initially interrogated him, did not tell Penny that Neely had died. In the footage, Penny seems unaware he's under any suspicion or that he would be arrested. He waives his Miranda rights and he talks to officers for about 25 minutes.

During the interview, Penny repeatedly says that he's not a confrontational person and that he was just trying to restrain Neely so he didn't hurt anyone. Here's some audio of that interview.

During the interview, Penny repeatedly says that he's not a confrontational person and that he was just trying to restrain Neely so he didn't hurt anyone. Here's some audio of that interview.

Here's Penny explaining what happened right before police showed up.

Here's Penny explaining what happened right before police showed up.

Penny told authorities that he thought Neely was on something and specifically mentioned K2. That was found in Neely's system along with other drugs. K2 is a synthetic drug sometimes called Spice, and it's been linked to psychosis. Penny also referenced the large number of incidents in New York City where people have been pushed onto the subway tracks.

Penny told authorities that he thought Neely was on something and specifically mentioned K2. That was found in Neely's system along with other drugs. K2 is a synthetic drug sometimes called Spice, and it's been linked to psychosis. Penny also referenced the large number of incidents in New York City where people have been pushed onto the subway tracks.

K2 came up another time in the trial when a forensic pathologist named Dr. Satish Chandru testified that Neely's death was caused by the combined effects of sickle cell K2, schizophrenia, and other factors. When he was asked directly if it was the chokehold that killed Neely, Chandru responded, no.

K2 came up another time in the trial when a forensic pathologist named Dr. Satish Chandru testified that Neely's death was caused by the combined effects of sickle cell K2, schizophrenia, and other factors. When he was asked directly if it was the chokehold that killed Neely, Chandru responded, no.

Alternatively, the New York medical examiner who performed Neely's autopsy, Dr. Cynthia Harris, she found that Neely died of asphyxiation. But on examination, it was revealed that Harris made that determination based on viral video evidence before she ever received a toxicology report or other reports for Neely.

Alternatively, the New York medical examiner who performed Neely's autopsy, Dr. Cynthia Harris, she found that Neely died of asphyxiation. But on examination, it was revealed that Harris made that determination based on viral video evidence before she ever received a toxicology report or other reports for Neely.

Right. It's also notable that Neely still had a pulse when officers finally arrived on scene. Those officers did not give Neely mouth-to-mouth because, and this is according to testimony, Neely looked like he was a drug user and had diseases.

Right. It's also notable that Neely still had a pulse when officers finally arrived on scene. Those officers did not give Neely mouth-to-mouth because, and this is according to testimony, Neely looked like he was a drug user and had diseases.

Well, that's not going to happen until after Thanksgiving. And just a reminder for listeners, Penny is facing up to 15 years in prison if convicted on second degree manslaughter and up to four years if he's convicted on that lesser charge of criminally negligent homicide.

Well, that's not going to happen until after Thanksgiving. And just a reminder for listeners, Penny is facing up to 15 years in prison if convicted on second degree manslaughter and up to four years if he's convicted on that lesser charge of criminally negligent homicide.

You're welcome.

You're welcome.

Sure. Perry, who was then 30 years old, was stationed outside of Austin, Texas in 2020, and he was working as an Uber driver for some extra cash. On July 25th, after he dropped off a passenger, he found himself in the midst of a Black Lives Matter protest where at least two protesters were armed.