Northeast
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.”
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.
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.
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.
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.
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.
“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.
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)
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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A Pennsylvania state trooper was shot and killed on Sunday night while conducting a traffic stop in Chester County, according to officials.
The shooting happened in West Caln Township shortly after 9 p.m. during a traffic stop near Compass and Michael roads.
Gov. Josh Shapiro announced that the trooper, identified as Timothy O’Connor, died from the shooting.
PENNSYLVANIA BUS DRIVER CHARGED WITH ENDANGERING DOZENS OF ELEMENTARY STUDENTS WHILE INTOXICATED
L-R: Aerial footage of hospital; Corporal Timothy J. O’Connor Jr. (WTXF; PA State Police)
“I am profoundly saddened to announce that tonight, Pennsylvania State Police family lost a son, lost a hero, and lost a dedicated public servant,” Shapiro said at a press briefing.
“Corporal Timothy O’Connor is killed tonight doing what he’s dedicated his life to. And that is serving others, keeping our community safe, looking out for his fellow Pennsylvanians, especially right here in Chester County,” he continued. “Our entire Commonwealth, State Police family, Chester County, are mourning the loss of Corporal O’Connor.”
The governor added: “He died protecting others, and that is a noble calling. That is something we are profoundly grateful for tonight.”
The shooting happened in West Caln Township shortly after 9 p.m. during a traffic stop near Compass and Michael roads. (Pennsylvania State Police)
Police “put their lives on the line every single day to protect us, to look after us, to ensure our well-being,” Shapiro said. “That’s what Tim was doing tonight. I hope that the good people of Pennsylvania take a moment to appreciate all who put on a uniform, especially the uniform of the Pennsylvania State Police, and go out every day to look after us, do a lot every day and run into danger to keep the rest of us safe.”
Shapiro said flags in Pennsylvania will be flown at half-staff on Monday in honor of O’Connor.
MINNESOTA POLICE SERGEANT, FATHER OF TWO, DIES SUDDENLY AFTER BRAIN INFECTION
Gov. Josh Shapiro said flags in Pennsylvania will be flown at half-staff on Monday. (Gilbert Carrasquillo/GC Images)
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Chester County Commissioner Eric Roe also said he was praying for the trooper.
“Chester County’s brave police officers put their lives on the line for us every day. I thank all of them for their extraordinary bravery and sacrifice,” Roe said on Facebook.
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Two people were stabbed following an alleged bar brawl in Southie over the weekend.
According to a police report, officers arrived at Tom English’s around 10:30 p.m., Friday for a report of a fight. When they arrived on the scene, a victim told police that he was sucker punched during a fight and pointed out a person who was the “main aggressor” throughout the incident.
The suspect was pat frisked by police, but the report said they did not find any weapons. “The suspect stated that he was jumped [by the party of the victim,” the report said. “The suspect refused to cooperate any further after repeated attempts by officers to get his version of events.”
Both the suspect and victim declined EMS.
Then about an hour later, three more victims arrived at a nearby police station to report that two of them had been stabbed in the fight at Tom English. One of the unnamed victims said that the fight started after the suspect kept moving coins he put down to play pool. The suspect, according to one of the other victims, told them to meet him outside.
All parties were kicked out by a bouncer and “a large brawl ensued,” the report said. The victims told police that that suspect brandished a knife and the victims said they “fled the scene on foot fearing for their lives.”
In the report, police noted that they saw wounds on two of the victims. EMS was called to treat them.
BPD did not confirm whether the suspect was arrested.
Fireworks call leads to firearm recovery in Mattapan
Reports of fireworks led Boston Police to recover a firearm Monday night in Mattapan.
Officers responded to the area around Callender Street at about 10 p.m. for a call of shots fire, but a supervisor alerted them that individuals were shooting off fireworks.
When police got to the scene, they said they saw a group of people standing near a car that had several packages of fireworks. As officers approached, one man started to sprint towards Blue Hill Ave., throwing a jacket off as he ran, according to BPD.
Multiple officers responded to detain the suspect and a pat frisk of the jacket uncovered a ghost gun with 7 rounds in the magazine, police said.
Kahnari White, 24, of Mattapan was charged with carrying a loaded firearm without a license, carrying a firearm without a license, possession of a firearm without an FID card, and possession of a large capacity feeding device.
While the foot pursuit and arrest of White unfolded, police said the group standing with the fireworks began to become “hostile and threatening to an officer who remained with them on scene.”
One person allegedly continued to threaten an officer and bumped him on the chest as more officers arrived.
“Multiple de-escalation tactics were attempted, but the suspect continued to threaten officers,” Boston police said in a statement.
Eventually, officers were able to detain Sean Galvez, 40, of Quincy. Galvez was arrested and charged with disorderly conduct, resisting arrest, and assault and battery on a police officer.
Both suspects are expected to be arraigned at Dorchester District Court.
Gun recovered after foot chase in Dorchester
A 22-year-old from Dorchester was arrested on gun charges after police said they approached the suspect for drinking in public Monday night.
Officers saw a group on Draper St. drinking publicly around 8:30 p.m., and when they approached them, one individual started to walk away.
“When officers advised the male that he could not be drinking alcohol in public, he fled on foot,” Boston Police said in a statement. “A foot pursuit ensued, and officers stopped the suspect.”
Police recovered a Smith and Wesson M&P Bodyguard .380 with nine rounds in the magazine during a pat frisk and said that the serial number on the gun was defaced.
Denilson Pires was arrested and charged with carrying a firearm without a license, possession of ammunition without an FID card, and defacing a firearm serial number.
He is expected to be arraigned at Dorchester District Court.
Incident Summary
BPD responded to 252 incidents in the 24-hour period ending at 10 a.m. Tuesday, according to the department’s incident log. Those included one robbery, six aggravated assaults, one residential burglary, seven larcenies from a vehicle, 15 miscellaneous larcenies, and five auto thefts.
Arrests
All of the below-named defendants are presumed innocent until proven guilty.
— Francis Haugh, 248 Albany St., Boston. Assault with a dangerous weapon.
— Ismann Nuuh, 421 Old Colony Ave., South Boston. Warrant arrest.
— Michael Buckley, 37 Washington St., Newburyport. Warrant arrest.
— Misty Lottmann, 1 Davis Sq., Somerville. Possession of a Class B drug.
— Michael Nicholls, 39 Boylston St., Boston. Threat to commit a crime.
— Yeson Silvestre, 48-52 Glenville Ave., Brighton. Unlicensed operation of a motor vehicle.
— Galvester Johnson, 123 Hamilton St., Dorchester. Assault with a dangerous weapon on a person 60 or older.
— Nilton Cardoso, 112 George St., Boston. Uninsured motor vehicle.
— Edgar Aguilar, 29 North St., Newtonville. Possession of a Class C drug.
— Jorge Guillermo Cruz Ortiz, 24 Heard St., Chelsea. Unregistered motor vehicle.
— Askia Lelaind, 47 Chestnut St., Springfield. Larceny under $1,200.
— Tewshawn Hector-Coleman, 111 Woodbine Rd., Stoughton. Warrant.
— Frammy Llaveria, 55 Vallar St., East Boston. Unarmed robbery.
— Eric Hale, 780 Albany St., Boston. Unregistered hawker & peddler ordinance.
The Pittsburgh Steelers finally have some clarity on Cameron Heyward’s short-term future with the team.
According to the Pittsburgh Post-Gazette’s Gerry Dulac, the Steelers have added an extra year to Heyward’s deal. As a result, they freed up right around $5.5 million in cap space.
SOURCES: The Steelers have added a year to DE Cam Heyward’s contract, creating nearly $5.5 million in cap space. His new deal is worth $32.25 million over two years with the first year guaranteed.
— Gerry Dulac (@gerrydulac) March 10, 2026
Heyward’s contract is now worth $32.25 million across two seasons, though only the first of those two years is guaranteed.
The reigning second-team All-Pro previously had one year left on his contract, which carried a cap hit of $19.150 million.
Heyward’s deal was a source of contention during training camp last summer, as the 15-year veteran looked to negotiate his contract after previously having agreed to a two-year, $29 million extension leading into the 2024 campaign.
The 36-year-old, who was a first-team All-Pro that year, later compromised with Pittsburgh after it added a little over $3 million in incentives to his contract before Week 1 of the 2025 season.
Over 17 games, Heyward recorded a total of 3.5 sacks and 78 tackles with a forced fumble.
With it appearing set in stone that he’ll return for the 2026 season after agreeing to his modified deal, the question now becomes whether or not Heyward will play out the duration of his contract through 2027.
What Could Steelers Do with Extra Money?
Pittsburgh was rather active both shortly before and immediately after the legal tampering period began, re-signing cornerback Asante Samuel Jr. and linebacker Cole Holcomb while also signing former Tampa Bay Buccaneers corner Jamel Dean and acquiring wide receiver Michael Pittman Jr. via trade from the Indianapolis Colts, whom it immediately inked to a three-year, $59 million extension.
It’s been a bit quiet for the Steelers since that initial wave, however, with punter Cameron Johnston representing their only move on the second day of free agency.
There’s still plenty of names out there on the open market, and with needs remaining along the offensive line, at safety and receiver even after adding Pittman Jr., the action shouldn’t stop for Pittsburgh.
While quarterback remains the most substantial question mark for the Steelers on paper, the widespread assumption remains that Aaron Rodgers will eventually return to the franchise. When that decision will, or could, become official, though, is anyone’s best guess at the moment.
The money Pittsburgh saved by revising Heyward’s contract could help fill out its roster not only through free agency, but also via the 2026 NFL Draft now that it has 12 picks at its disposal upon being awarded four compensatory selections.
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