As far as I can tell, Dr. Chundru attributed Neely's death to a combination of factors, and the struggle was one of them. Without the struggle, I think even defense witness Chundru's testimony implies that Neely would be alive today. If you object to the word "killing", how are you defining the term? I'm used to the "but for" test - Would Person B have survived but for Person A's actions? If you define "killing" differently, could you please share the definition you are using?
In my world, if you do something to another person and it results in that person's death, that's called killing. The jury said Penny is not guilty of any criminal charges, but I have been unable to find anything to suggest that Neely's death was just a coincidence and was not caused by what Penny did.
Also, could you all please stop making the false claim that all I did was read a NYT article? I have not been making false claims about you all, and I have already clarified this. If you REALLY believe that I don't generally read multiple sources ... I'm not sure who you think you have been talking to.