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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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New Hampshire

Missing Berlin Motorcyclist Found Dead After Route 2 Crash: New Hampshire State Police Roundup

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Missing Berlin Motorcyclist Found Dead After Route 2 Crash: New Hampshire State Police Roundup


06/19/2026 02:16, EAST KINGSTON, BOLDUC, NATHAN RICHARD (22); ASHFORD, CONNECTICUT, 635:1,I (BURGLARY-NIGHT / HOME / WEAPON), 635:1,V (BURGLARY TOOLS-POSSESSION), 637:7 (RECV STOLEN PROP; $1501+), 637:7 (RECV STOLEN PROP; $1501+), 634:2,II (CRIMINAL MISCHIEF).

06/15/2026 19:49, RAYMOND, KETCHEN, DANA CANNEY (63); BROOKLINE, 265-A:2,I(A) (DUI-IMPAIRMENT), 264:25 (CONDUCT AFTER ACCIDENT), 265-A:2,I(B) (DUI; ADULT>.08; MINOR>.02), 172-B:3 (PROTECTIVE CUSTODY-ALCOHOL), 265-A:44 (TRANSPORTING ALCOHOLIC BEVERAGES OR MARIJUANA).

06/15/2026 21:05, GILFORD, SEXTON, JALEN R. (26); ALTON, 263:64,VI (DRIVE AFTER REV/SUS-SUBSQT), 263:64,IV (DRIVE AFTER REVOCATION/SUSPENSION; RECKLESS DRIVING), 263:1,II (LICENSE REQD; OP W/EXPIRED LICENSE W/IN 12 MONTHS OF EXPIRATION), 265:60 (SPEEDING 25 MPH OVER LIMIT OF 55 OR LESS).

06/16/2026 02:40, PORTSMOUTH, LANE, MICHAEL CORY (29); HUBBARDSTON, MA, 631:3 (RECKLESS CONDUCT), 265-A:2,I(A) (DUI-IMPAIRMENT), 265:79,I (RECKLESS OPERATION).

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06/16/2026 17:16, GILFORD, COSTARELLI, ROBERT L. (55); EAST BRIDGEWATER, MA, 631:2-B,I(A) (DV; SIMPLE ASSAULT; BODILY INJURY OR PHYSICAL CONTACT), 634:2,III (CRIMINAL MISCHIEF).





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New Jersey

Morris County, Kirby Foundation award $12 million. See who benefits

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Morris County, Kirby Foundation award  million. See who benefits


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Historic sites, community nonprofits, nonprofit media outlets and local America250 initiatives in Morris County will benefit from more than $12 million in supportive grants announced from two well-heeled sources.

The Morris County Board of County Commissioners approved $4.92 million at its July 8 meeting to help fund the restoration and protection of 35 historic projects in 20 municipalities. They range from almost $350,000 for the Orchard Street Cemetery Gatehouse in Dover to $18,560 to restore a 19th-century military rail car.

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On July 9, the Morristown-based F.M. Kirby Foundation also announced $8.3 million in grants aimed at Morris County nonprofits along with other “geographic areas of interest” in North Carolina, Pennsylvania and upstate New York.

County preserving history

Morris County has shown a long commitment to preserving its history, which dates back to pre-Revolution days, and has awarded more than $61 million from a Preservation Trust Fund since voters approved it in 2003.

About 86% of this year’s nearly $5 million total will fund construction work at 16 projects, while the rest will support 19 non-construction projects, including preservation planning, preparation of construction documents and one acquisition project.

“As Morris County celebrates the 250th Anniversary of our nation’s independence this year, we are reminded of the importance of preserving our heritage, not only because of Morris County’s deep roots in the American Revolution, but also because of the local people and places that played significant roles in our great nation’s evolution throughout history,” Commissioner Tom Mastrangelo said in the award announcement.

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One of the largest grants went to the ongoing restoration of the gatehouse at the Orchard Street Cemetery, the final resting home for many prominent former residents of Dover and Wharton, including military veterans of six wars stretching back to the War of 1812.

Although it is a treasured local landmark, the cemetery is owned by the nonprofit Dover Cemetery Association, and all upkeep, including preservation efforts, is done by a handful of volunteers.

Other family plots were reserved for those who gained their wealth from the iron-mining industry in the region, which dates back to the early 18th century.

“All those mine sinkholes you hear about on Route 80, those people are all buried here,” volunteer caretaker Keith Titus said.

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Several grants went to church-affiliated properties, a longstanding county practice that was suspended after a unanimous 2018 state Supreme Court decision deemed it a violation of the New Jersey Constitution. The practice resumed last year after two North Jersey churches won a preliminary injunction against barring them from historic preservation grants, in a lawsuit that tested the bounds of the separation of church and state mandated by the U.S. Constitution.

This year’s awards include $330,000 for acquisition and restoration of the circa-1835 First Presbyterian Church of Hanover and its burial ground. The East Hanover property represents one of the earliest centers of settlement in Morris County and is directly associated with the American Revolution. The property was purchased by East Hanover in August 2025.

Among the smaller grants was $18,560 for preservation of what is known as the “New Jersey Merci Train boxcar,” a rare surviving example of a late 19th-century French military railcar, designed to transport 40 soldiers or eight horses. It is one of 49 railcars distributed throughout the United States in 1949 as part of a post-World War II diplomatic gesture from France.

The United Railroad Historical Society of New Jersey, which applied for the grant, requires steel bracing and other preservation work. The grant will also support the completion of construction documents for interior and exterior preservation efforts.

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The full list of this year’s grant awards can be viewed online.

Five-and-dime fortune

A philanthropic family foundation established in 1931 to uphold the legacy of Fred Morgan Kirby, a pioneer in the five-and-dime store industry, the Kirby Foundation grants support “organizations and programs that advance positive, sustainable change.” This year, recipients include the local news website Morristown Green ($10,000) and a nonprofit group operating weekly newspapers in the Morris County area ($25,000).

The foundation “has long held that an informed citizenry is the foundation of civic life, and that access to trusted, local information is what makes self-governance possible,” the group stated in announcing the expansion of its Public Affairs & Society Benefit portfolio.

Another $10,000 was awarded to North Country Public Radio, which serves listeners across upstate New York and Vermont “in general operating support to sustain the kind of regional public journalism that keeps rural communities connected to the issues that shape their lives.”

This year, the Kirby Foundation also chose to support organizations sponsoring semiquincentennial events in their communities. The local America250 initiatives included the Morris County Historical Society for its African American History Survey, “a project to document and illuminate local stories that have too often been left out of the American narrative.”

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The Shakespeare Theatre of New Jersey also received $175,000 for operating expenses and support of “Revolutionary Voices,” a four-part play reading series that traces American ideals from the founding era to the present. Those readings take place at the F. M. Kirby Shakespeare Theatre on the campus of Drew University in Madison.

The Kirby grant announcement did not include a full list of recipients and amounts. But “in the first half of 2026, the Foundation approved approximately $530,000 in grants to 12 public affairs organizations spanning public media, academic freedom, civil discourse, and civic thought leadership,” it stated.

Morris County recipients included the Morristown-based Seeing Eye ($170,000), the Mayo Performing Arts Center ($100,000) and $35,000 for the Growing Stage in Netcong, New Jersey’s only resident professional theater company dedicated to children’s theater. It operates out of the historic Palace Theatre, a former vaudeville house on the shores of Lake Musconetcong.

Community support initiatives such as the United Way of Morris County ($165,000) and Market Street Mission ($45,000) were also on the Kirby list of more than 100 awardees.



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Pennsylvania

12-year-old boy on e-bike killed in crash with pickup truck in Pennsylvania

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12-year-old boy on e-bike killed in crash with pickup truck in Pennsylvania


A 12-year-old boy on an electric bike was killed in a crash in Manchester Township, Pennsylvania, on Monday, authorities said. 

The Northern York County Regional Police Department said in a news release that the crash happened at the intersection of North George Street and Emig Road on Monday at around 9:30 p.m. Officers were called to the scene and found that the 12-year-old e-bike rider and the driver of a pickup truck had crashed. 

First responders performed life-saving measures on the boy, who died as a result of his injuries. The boy’s identity was not released as of Tuesday night. It was not immediately clear if the driver of the pickup truck was injured. 

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Police are investigating the crash. Law enforcement did not release any additional information. Anyone with information on the deadly crash can contact the Northern York County Regional Police Department at 717-467-8355 or email tips@nycrpd.org. The case number is 2026-029713, police added.



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