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Key witnesses in Daniel Penny, Jordan Neely case refuse to cooperate with DA Bragg's office: report

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Key witnesses in Daniel Penny, Jordan Neely case refuse to cooperate with DA Bragg's office: report

Two European eyewitnesses to the altercation that left Jordan Neely dead and New York City Marine infantry veteran Daniel Penny facing manslaughter charges have gone home and refused to cooperate with prosecutors from Manhattan District Attorney Alvin Bragg’s office, according to a local report.

Penny, 25, is scheduled to go to trial next month after he appeared on cellphone video placing Neely, 30, in a chokehold as other passengers helped restrain him in May 2023. 

The homeless Neely was threatening subway riders and behaving erratically and had a history of mental illness and violence, including the 2021 assault of a 67-year-old woman. He lost consciousness and later died.

The foreign witnesses have spoken with investigators on conference calls but have declined to cooperate or turn over video of the incident, the New York Post reported, citing transcripts from a closed-door meeting with the judge and attorneys for both sides.

US MARINE VET DANIEL PENNY PLEADS NOT GUILTY TO MANSLAUGHTER IN CHOKEHOLD DEATH OF JORDAN NEELY

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Daniel Penny departs Manhattan Criminal Court Jan. 17, 2024. Penny is charged in the New York City subway death of Jordan Neely in 2023. (John M. Mantel for Fox News Digital)

Penny’s lawyers declined to discuss the proceedings Thursday but were quoted in the transcript saying the European couple’s testimony would be “incredibly favorable to the defense.”

Representatives for Bragg’s office did not immediately respond to requests for comment.

“They have so far refused to share the video that they took,” the judge told the lawyers. “They refused to share it with the DA or with anyone else, and they are so far refusing to come back to testify.”

DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE STEPPED IN

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A screenshot from a bystander’s video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

It was unclear Thursday what the European couple’s video might show.

Prosecutors said in June 2023 that they had already obtained five eyewitness videos of the encounter and surveillance video they planned to introduce as evidence.

“Unfortunately for Penny’s defense team, there is little they can do to compel a foreign national to turn over evidence or testify in court,” said Neama Rahmani, a former federal prosecutor based in Los Angeles. “There are international treaties like the Hague Convention that allow for international service, but, practically speaking, no judge can force the European witnesses to comply with an American subpoena.”

Still, he said, self-defense cases are often difficult to prosecute and result in many not guilty verdicts.

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“Penny’s lawyers will have to rely on witnesses who have actually provided evidence to law enforcement and prosecutors and who live in the state and can be compelled to testify by the judge even if they don’t want to,” he added.

WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’

This undated photo, provided by Mills and Edwards, LLP, in New York, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)

Critics of Bragg’s decision to prosecute Penny have called the move political and believe that the veteran acted in self-defense and to protect other passengers.

“If [Neely] had carried out his threats, he would have killed somebody,” Penny told Fox News Digital in June 2023.

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Another witness expressed similar concerns.

“I don’t care if I have to kill an F, I will,” Neely had allegedly ranted. “I’ll go to jail, I’ll take a bullet.”

Penny, who spoke with police voluntarily 11 days before Bragg’s office brought charges, faces up to 19 years in prison if convicted. His next court hearing is scheduled for Oct. 3.

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Northeast

Third Rhode Island hockey rink shooting victim dies and is identified

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Third Rhode Island hockey rink shooting victim dies and is identified

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A third victim has died from injuries suffered in last week’s Rhode Island rink shooting, police said, in an attack allegedly carried out by a transgender suspect.

Gerald Dorgan, the father of Rhonda Dorgan and grandfather of Aidan Dorgan, who were both killed in the attack, died from his injuries after being in critical condition, according to The Associated Press, citing Pawtucket police.

Police previously identified the shooter as Robert Dorgan, 56, who fatally shot his ex-wife, Rhonda Dorgan, and their adult son, Aidan Dorgan, when he opened fire at the Dennis M. Lynch Arena in Pawtucket, North Providence Mayor Charles Lombardi previously said, according to WCVB.

The alleged shooter, Robert Dorgan, right, fatally shot his ex-wife, Rhonda Dorgan, at the Dennis M. Lynch Arena in Pawtucket and his son, Aidan Dorgan. Left, Police stand near the Dennis M. Lynch Arena in Pawtucket, Rhode Island, following a deadly shooting during a high school hockey game.  (AP Photo/Mark Stockwell; X/@VerdadEsPoder)

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The shooter died from a self-inflicted gunshot wound after being tackled by bystanders who intervened and quickly stopped the attack, officials said. At least three bystanders were able to contain the shooter in the middle of the stands as the crowd fled, officials said. 

Pawtucket Mayor Donald Grebien said he was heartbroken that another person had died because of the shooting.

“Our thoughts and prayers remain with the victim’s family, friends, and all those impacted by this tragic act of violence,” he said in a statement.

Rhonda Dorgan’s mother, Linda Dorgan, and a family friend, Thomas Geruso, were also wounded.

The shooter, who identified as transgender, also went by the names Roberta Esposito and Roberta Dorgano, authorities said.

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Colin Dorgan, the 17-year-old son of Robert and Rhonda Dorgan and a North Providence High School senior, was on the ice playing in the game when the shooting occurred, per WPRI-TV.

RHODE ISLAND ICE RINK SHOOTING VICTIMS CONFIRMED AS SHOOTER’S DAUGHTER ALLEGES ‘VENDETTA’ AGAINST FAMILY

A split image shows Robert Dorgan, identified by police as the suspect in the shooting at the Dennis M. Lynch Arena in Pawtucket, Rhode Island, and Rhonda Dorgan with her son, Aidan Dorgan, in a graduation photo. Authorities said Rhonda and Aidan were killed in the attack. (Roberta Esposito via Facebook; Rhonda Dorgan via Facebook)

Video from inside the arena shows players diving and fans fleeing their seats as shots rang out during the high school game. At least a dozen shots can be heard in the footage, along with people screaming as they scramble for cover.

Police have not publicly identified a motive. Pawtucket Police Chief Tina Goncalves previously described the shooting as a “family dispute.” 

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Amanda Wallace-Hubbard, Robert Dorgan’s daughter from another relationship, accused the shooter of having a “vendetta” against the family.

“I just want to make sure people understand this was one person’s vendetta against their family,” Wallace-Hubbard told WPRI-TV. “We were targeted. This was very specific. It wasn’t random.”

Court records show Robert Dorgan had a documented history of conflict with relatives in recent years, including disputes tied to his gender transition, WPRI reported.

In 2020, Robert Dorgan reported to North Providence police that he had undergone gender-reassignment surgery and said his father-in-law wanted him out of the family home because of it.

WATCH: PAWTUCKET POLICE RELEASE NEW DETAILS ABOUT RHODE ISLAND HOCKEY SHOOTING

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According to court documents cited by WPRI, Robert Dorgan alleged his father-in-law used a derogatory term for transgender individuals and threatened retaliation if he did not move out. The father-in-law was charged at the time, though prosecutors later dismissed the case.

Court filings also show Robert Dorgan’s then-wife initially cited “gender reassignment surgery, narcissistic + personality disorder traits” in divorce paperwork before the grounds were amended to “irreconcilable differences.”

The divorce was finalized in 2021. Paperwork from the divorce showed Robert Dorgan lived at the time in Jacksonville, Florida, and was working as a truck driver.

Also in 2020, Robert Dorgan accused his mother of assaulting him and acting in a “violent, threatening or tumultuous manner,” according to police records cited by WPRI. His mother was charged with simple assault and battery and disorderly conduct, though the case was later dismissed, court records show.

Police stand outside the Dennis M. Lynch Arena in Pawtucket, Rhode Island, after a shooting on Feb. 16, 2026, has now left three people dead in what authorities described as a family dispute. At right is Robert Dorgan, identified by police as the suspect, who died from a self-inflicted gunshot wound. (Joseph Prezioso/AFP via Getty Images; X/@VerdadEsPoder)

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The dispute was also referenced in Robert Dorgan’s conflict with his father-in-law. According to court documents, Dorgan told police his father-in-law “told me that if I did not drop the assault charges against my mother that further retaliation could be expected and that was another reason to have me killed.”

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The day before the shooting, Robert Dorgan posted on X about going “BERSERK” after an actor insisted that Rep. Sarah McBride, D-Del., is a man. 

Fox News’ Louis Casiano, Alexis McAdams and Bonny Chu, as well as The Associated Press, contributed to this report.

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What’s driving the increase in violent incidents involving transgender individuals? Expert weighs in

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Boston, MA

MLB notes: New Red Sox pitching directors looking to keep pipeline flowing

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MLB notes: New Red Sox pitching directors looking to keep pipeline flowing


FORT MYERS, Fla. — Over the past few years the Red Sox pitching program has been completely transformed.

Since Craig Breslow took over as chief baseball officer, the Red Sox have gone from one of the worst organizations at developing young pitchers to one of the best, and now the club is overflowing with talented arms who are already making their mark in the majors.

That hasn’t gone unnoticed, and this past offseason one of the people most responsible for executing the club’s turnaround — former director of pitching Justin Willard — was hired away by the New York Mets to be their new major league pitching coach.



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Pittsburg, PA

Pittsburgh and Vegas take the ice for non-conference matchup

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Pittsburgh and Vegas take the ice for non-conference matchup


Vegas Golden Knights (28-17-14, in the Pacific Division) vs. Pittsburgh Penguins (30-15-13, in the Metropolitan Division)

Pittsburgh; Sunday, 1 p.m. EST

BETMGM SPORTSBOOK LINE: Golden Knights -149, Penguins +125; over/under is 6.5

BOTTOM LINE: The Pittsburgh Penguins and the Vegas Golden Knights square off in a non-conference matchup.

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Pittsburgh has a 14-8-7 record at home and a 30-15-13 record overall. The Penguins have scored 197 total goals (3.4 per game) to rank 10th in NHL play.

Vegas is 28-17-14 overall and 14-9-7 in road games. The Golden Knights are 27-6-8 in games they score at least three goals.

Sunday’s game is the first meeting between these teams this season.

TOP PERFORMERS: Anthony Mantha has 21 goals and 23 assists for the Penguins. Benjamin Kindel has six goals and one assist over the last 10 games.

Mark Stone has 21 goals and 38 assists for the Golden Knights. Pavel Dorofeyev has seven goals and three assists over the past 10 games.

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LAST 10 GAMES: Penguins: 7-1-2, averaging 4.2 goals, 7.1 assists, 3.3 penalties and 6.9 penalty minutes while giving up 2.5 goals per game.

Golden Knights: 4-4-2, averaging 3.5 goals, 5.8 assists, 2.6 penalties and 5.8 penalty minutes while giving up 3.3 goals per game.

INJURIES: Penguins: None listed.

Golden Knights: None listed.

___

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.





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