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Medical examiner says subway madman had drugs in system in Marine vet’s chokehold trial

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Medical examiner says subway madman had drugs in system in Marine vet’s chokehold trial

NEW YORK CITY – The prosecution is expected to rest on Monday in the trial of Daniel Penny, who is charged with manslaughter in the New York City subway death of Jordan Neely.

Penny’s defense will then get underway. On Monday morning the 26-year-old Marine veteran’s team was expected to continue cross-examining Dr. Cynthia Harris of the City Medical Examiner’s Office, who began testifying last week.

Harris, who conducted the autopsy on Neely after he died following an aggressive outburst on a subway car, testified Friday that Neely had synthetic drugs in his system when he died but had been killed by asphyxiation.

The Manhattan forensic pathologist said she had ruled the 30-year-old Neely’s cause of death to have been asphyxia from compression to his neck. The toxicology report showed he also had drugs in his system, although she said she could identify them broadly as “a synthetic cannabinoid,” but not in specific terms or at what dose.

“We found in the blood a synthetic cannabinoid – a relatively new drug in the scheme of drugs,” she said. “They’re synthetic and more potent than marijuana. In a class of drugs, they fall under the category of stimulants – they rev the body up, fall into the same class of drugs as, say, cocaine.”

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DANIEL PENNY TRIAL RESUMES AS FELLOW MARINE VET EXPLAINS CHOKEHOLD TRAINING ON WITNESS STAND

Daniel Penny arrives for his trial at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

There was no damage to bones in his chin, neck or midline structures, she said. She found scrapes and bruises on his face, neck, torso and arms, petechiae (small red spots caused by bleeding) in his eyes and damage to his spleen from sickle cell trait.

Prosecutors played video of the chokehold again and Dr. Harris commented as she went through it.

At one point, she said he was conversing, showing that he had “air moving through his vocal chords.” She described Neely straining to breathe and making hand gestures, which she said were a signal for help. 

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Assistant District Attorney Dafna Yoran asked about witnesses testifying that Neely hadn’t gagged or gasped or said that he couldn’t breathe.

“Sometimes people make noises when they can’t breathe, and sometimes they don’t,” she replied.

Cynthia Harris, M.D. arrives for Daniel Penny’s trial at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

She also said that she believes that Neely died around two minutes, nine seconds into the video, after his face turned purple and he began “twitching” in death throes.

“I believe that at this point he has lost consciousness, and what we will see in the form of these twitchings represents brain injury,” she said.

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Under cross-examination she later said she couldn’t tell his time of death from the video.

“I can’t tell you when exactly he died, philosophically, but the video is of a man dying,” she said. 

Penny is on trial for the May 1, 2023, death of Neely, a homeless man with a lengthy criminal record and history of mental illness who stormed onto the train and started making death threats, according to witnesses.

As he screamed about going to prison for life, raised his fists and lunged at people, Penny grabbed him in a headlock and wrestled him to the ground. Other riders helped hold him down as they waited for police to arrive. Neely died.

Dr. Harris’ testimony began Thursday, after Joseph Caballer, the Marine martial arts instructor who had taught Penny about chokeholds, told the jury that the point of the maneuver is to take control of a threat until they are unconscious.

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Caballer explained the difference between blood chokes and air chokes – moves that alternately deprive the aggressor of bloodflow to and from the brain or oxygen. Dr. Harris described on Friday what she had seen in the video.

Joseph Caballer exits Manhattan Supreme Court in New York City on Thursday, Nov. 14, 2024. The 30-year-old former Marine testified at the trial of Daniel Penny in the chokehold death of Jordan Neely on a New York City subway in May 2023. (Adam Gray for Fox News Digital)

“If you only compress the vein, but you have not applied enough force to compress the artery, there are a few things you see when that happens,” she said. “You become congested or purple in color. The veins become distended, because they’re full of blood. If the pressure continues, then the capillaries develop pools of blood or petechiae.”

She had the ADA stop the video and said that she sees that the veins in Neely’s face are distended and his face appears purple, much darker than the skin on his arms.

Under cross examination from Penny defense attorney, Steven Raiser, Dr. Harris said acknowledged that a colleague found the petechiae to be small and “not conclusive.” She agreed that it would be fair to say that the small petechiae isn’t a direct sign that death was caused by a chokehold.

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The initial finding on May 2, 2023, was that the cause of death was “pending further study.” Then she made a decision after seeing the chokehold video, she said.

“I based my decision on the autopsy findings coupled with the video,” she said. “I didn’t wait for toxicology, because no toxicological report would change my opinion. He could have come back with enough fentanyl to kill an elephant and walked onto the train and got put in a chokehold, and that’s how he died.”

DANIEL PENNY THOUGHT HE WAS PROTECTING A DIVERSE SUBWAY CAR, BUT PROSECUTORS HIGHLIGHT RACIAL UNDERTONES

Demonstrators hold up a Michael Jackson-style jacket to represent Jordan Neely at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Daniel Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Neely on a New York City subway train. Neely was a former Jackson impersonator. (Adam Gray for Fox News Digital)

Although Neely still had a pulse after Penny let go, Dr. Harris said that wasn’t unusual.

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“This is an asphyxial death,” she said. “In an asphyxia death, the brain dies first. It’s deprived of oxygen. Other tissues and organs in the body are not as sensitive as the brain. They too will die, but the brain dies first.”

According to case notes introduced into evidence, Neely’s death was initially suspected to be from cardiac arrest, and he had “no visible trauma.”

During her testimony, Dr. Harris referred to the manner of death as homicide, and the defense objected. The judge ordered those comments stricken from the record.

She also said that the synthetic drugs in Neely’s system “would not help the heart” during a struggle.

Dr. Harris returned Friday morning to pick up where she left off when court adjourned the day before.

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The prosecution was expected to rest its case after her testimony. Penny’s defense team are expected to call their first witness Monday – but Dr. Harris will return to the stand for a third day of testimony first.

On Tuesday, a man who appeared on video helping Penny hold Neely down testified. 

Eric Gonzales told the court that at one point he said Penny hadn’t held Neely tightly enough, that he had felt a pulse when they both finally let go, that he had been granted immunity from prosecution in exchange for testifying – and that he had initially lied to investigators. 

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

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Penny faces up to 15 years in prison if convicted of the more serious charge of manslaughter.

He also faces a count of criminally negligent homicide. 

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Northeast

Millionaire philanthropist allegedly gunned down by worker in female wig; ambushes Maryland trooper: police

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Millionaire philanthropist allegedly gunned down by worker in female wig; ambushes Maryland trooper: police

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A 22-year-old assisted living employee accused of disguising himself in long female wigs and executing an 87-year-old millionaire philanthropist he treated nightly, is now also charged with shooting at a Maryland state trooper Tuesday while on the run.

The Montgomery County Department of Police’s Major Crimes Division confirmed during a news conference on Wednesday that Marquis Emilio James, 22, of White Marsh, Maryland, was arrested in connection with the Valentine’s Day homicide of 87-year-old Robert G. Fuller Jr. at the Cogir Potomac Senior Living Facility, and the shooting of a Maryland State Police trooper Tuesday during a traffic stop in West Baltimore.

James, who had been employed as a medication technician at the senior living facility since October, was allegedly seen on surveillance footage entering and exiting through a tampered courtyard door around the time Fuller was fatally shot in the head in his apartment.

Nothing appeared to have been taken from Fuller’s home during the crime, according to Montgomery County Police Chief Marc Yamada.

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Robert Fuller Jr., left, gives remarks at the 2017 opening of Veterans Academic Center in Augusta, Me., a project to which he donated.   (Joe Phelan/Centralmaine.com)

Investigators later determined the door’s alarm sensor had been disabled in January — on a day when James had been the only person seen using the door.

During a search, folded paper towels used to prop doors open on the day of the murder and again days later, were found by police.

Yamada said that days after Fuller’s death, James was found inside the facility after his shift ended, gave a suspicious explanation to other workers, triggered another exterior door alarm, and fled when a supervisor was going to be notified. 

The door he used to exit had also been tampered with, according to authorities.

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Marquis James, 22, is charged in connection to the murder and traffic stop shooting. (Montgomery County Police Department)

At about 3:30 a.m. Tuesday, a Maryland State Police trooper pulled over James’ car to conduct a traffic stop after noticing he was missing license plates.

As the trooper approached the car, James, who was driving, suddenly opened the car door and fired two shots, said Maryland State Police Lt. Col. Steve Decerbo.

The bullets narrowly missed the trooper by inches, and he only sustained minor injuries.

“Without a doubt, our Maryland State trooper escaped an outcome that could have ended much differently,” Decerbo said.

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Marquis James was allegedly seen on video wearing a long wig. (Montgomery County Police Department)

James immediately drove away, and investigators later recovered a shell casing from the scene that matched ballistic evidence from Fuller’s murder, linking the two cases.

Montgomery County Police, Maryland State Police and the U.S. Marshals took James into custody Wednesday afternoon in Rockville after a brief foot chase.

James is charged in Montgomery County with first-degree murder, which carries a maximum penalty of life in prison.

He is being held without bond, with a court hearing scheduled.

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ROBERT CARRADINE, ‘LIZZIE MCGUIRE’ AND ‘REVENGE OF THE NERDS’ STAR, DEAD AT 71

While conducting two search warrants in Baltimore County, investigators recovered “numerous” wigs and a mask, consistent with what appeared to be a disguise in surveillance footage.

Police initially said there was no clear description of the person’s gender or race, adding the suspect seen in the footage could be male or female due to the long wig.

Yamada added police “do not have a good sense of why” James allegedly shot and killed Fuller.

Police Chief Yamada did not reveal a motive for the shootings. (Montgomery County Police Department)

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“Upon speaking with him, he said their relationship was very good, and he would never have hurt Mr. Fuller,” he said. “So we’re hopeful that as we get further in … we’re going to get a better sense of what was going on behind the scenes, what types of communications Marquis James had, [and] what he was searching on his electronic devices. We’re hopeful that that’s going to lead us to a better sense of why.”

Yamada would not confirm if James had a criminal record.

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Maine State Rep. Bill Bridgeo, who met Fuller while working as city manager in Augusta, told NBC 4 Washington Fuller was a prominent attorney and a retired Navy Reserve officer.

Bridgeo told the local station Fuller donated millions to the community to build a new YMCA, hospital and expand a high school.

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Beloved millionaire Maine philanthropist shot dead in ritzy DC suburb assisted living home, no arrests made

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Boston, MA

Boston police officials dominate the list of highest-paid city workers in 2025 – The Boston Globe

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Boston police officials dominate the list of highest-paid city workers in 2025 – The Boston Globe


That was more than what every other city department spent on overtime combined, though it was a slight drop from the $103 million the police department spent on overtime in 2024.

High overtime spending inside the police department has long been controversial and a source of frustration for police-reform advocates. Last year’s nine-figure total comes as Mayor Michelle Wu warns of a challenging budget season to come for the city, which is grappling with inflation and the possibility of more federal funding cuts.

In a December letter, Wu told the city council that she instructed city department heads to find ways to cut 2 percent of their budgets in the next fiscal year. She also imposed a delay on new hires. Boston Public Schools Superintendent Mary Skipper has also proposed cutting somewhere between 300 and 400 positions next fiscal year due to budget constraints.

Overall, the city spent about $2.5 billion on employee salaries in 2025, up around 1.5 percent from $2.4 billion in 2024. The city employs roughly 21,000 workers, according to a public dashboard.

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In a statement, Emma Pettit, a spokesperson for Wu’s office, attributed the payroll increase to raises, and in some cases, employees receiving retroactive pay, that were part of contracts the city negotiated with its various labor unions.

“We’re grateful to our city employees for their hard work to hold Boston to the highest standard for delivering city services,” Pettit said.

When Wu won her first mayoral race in November 2021, all of the city’s 44 union contracts had expired. Since then, Wu’s office has negotiated new agreements with all of them, and last year, agreed to a one-year contract extension with the Boston Police Patrolmen’s Association, the city’s largest police union.

But as the city heads back to the bargaining table to negotiate extensions or new contracts with others, city leaders should keep cost at the forefront of those conversations, said Steve Poftak, president of the Boston Municipal Research Bureau, a business-backed budget watchdog group.

“As budgets tighten, I’m hopeful that it increases the scrutiny on these collective bargaining agreements,” Poftak said.

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The top earner on the city’s payroll last year was Boston Police Captain Timothy Connolly. In addition to his $194,000 base salary, Connolly took home nearly $230,000 in overtime, about $26,000 in undefined “other pay,” and roughly $49,000 as part of a higher-education bonus, for a total of $498,145 in compensation.

Skipper, as BPS superintendent, was the 55th-highest earner among city workers, coming behind 54 members of the police department. She made a total of $378,000 in 2025.

Nearly 300 city employees made more than $300,000 last year. In contrast, Wu made $207,000, though her salary increased to $250,000 this year. More than 1,700 city employees made more than the mayor in 2025.

Larry Calderone, president of the Boston Police Patrolmen’s Association, argued that the high overtime costs in the police department are, in part, a result of understaffing.

The department is short roughly 400 rank-and-file police officers, Calderone said, meaning the department has to pay its staff to work overtime and fill vacant shifts. The average salary for an officer in the BPPA is roughly $195,000, Calderone said.

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With several large events approaching, including a Boston-based fan fest around this summer’s World Cup matches and the return of a fleet of tall ships to Boston Harbor, Calderone said most of the members of his union are likely to be working the maximum allowable 90 hours a week.

“We just don’t have the bodies on the street,” he said.

The Boston Police Department and the Boston Police Superior Officers Federation — the union that represents the department’s sergeants, captains, and lieutenants — did not immediately return requests for comment Monday.

Jamarhl Crawford, an activist and former member of the Boston Police Reform Task Force, said while high spending on overtime is not new for the police department, it’s a pressing problem the city should tackle.

The police and fire departments are “essential components of the city and society in general … [and] folks should be getting a fair wage. But it also has to be within fiscal responsibility,” Crawford said.

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“In another 10 years,” he continued, “with pensions and everything else, this type of thing can bankrupt the city.”


Niki Griswold can be reached at niki.griswold@globe.com. Follow her @nikigriswold. Yoohyun Jung can be reached at y.jung@globe.com.





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Pittsburg, PA

Man’s body found underneath trailer behind former Shop ‘n Save in Carrick

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Man’s body found underneath trailer behind former Shop ‘n Save in Carrick



Pittsburgh Police detectives are investigating after a man’s body was found underneath a trailer behind the former Shop ‘n Save store in the city’s Carrick neighborhood.

Pittsburgh Public Safety said late Monday night that detectives from the Violent Crime division responded to the area of Amanda Street and Wynoka Street in Carrick after a man’s body was found around 8:30 p.m.

Public Safety said the man’s body was found underneath a trailer and that he was pronounced dead by medics at the scene.

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Pittsburgh Police detectives are investigating after a man’s body was found underneath a trailer in the city’s Carrick neighborhood on Monday night.

Pittsburgh Public Safety


A photo provided by Pittsburgh Public Safety shows officers surrounding a taped off area and what appears to be a refrigerated trailer parked at the loading dock along Amanda Street behind the former Brownsville Shop n’ Save, which closed its doors last month

No details surrounding the circumstances of the man’s death were provided by Public Safety, who said that the cause and the manner of the man’s death will be determined by the Allegheny County Medical Examiner’s Office.

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The man’s identity has not been released.

Public Safety said the investigation into the man’s death is “ongoing.”



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