Daniel Penny has chosen not to testify at his trial in the death of an agitated man he choked on a subway train.

Prosecutors scored some points when cross-examining a final defense witness about the manner in which Jordan Neely died while Penny held him in a chokehold.

The Marine veteran on trial for the subway chokehold death of Jordan Neely called an expert forensic pathologist to the witness stand Thursday – and he came to a dramatically different conclusion than the New York City Medical Examiner's Office.