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

NEW YORK – A Manhattan forensic pathologist who conducted the autopsy connected Jordan Neely aft helium died pursuing an assertive outburst connected a New York City subway car said Friday that Neely had synthetic drugs successful his strategy erstwhile helium died but had been killed by asphyxiation.

Dr. Cynthia Harris of the City Medical Examiner’s Office said she had ruled Neely’s origin of decease to person been asphyxia from compression to his neck. The toxicology study showed helium besides had drugs successful his system, though she said she could place them broadly arsenic "a synthetic cannabinoid," but not successful circumstantial presumption oregon astatine what dose.

"We recovered successful the humor a synthetic cannabinoid – a comparatively caller cause successful the strategy of drugs," she said. "They’re synthetic and much potent than marijuana. In a people of drugs, they autumn nether the class of stimulants – they rev the assemblage up, autumn into the aforesaid people of drugs as, say, cocaine."

There was nary harm to bones successful his chin, cervix oregon midline structures, she said. She recovered scrapes and bruises connected his face, neck, torso and arms, petechiae (small reddish spots caused by bleeding) successful his eyes and harm to his spleen from sickle compartment trait.

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

Daniel Penny arrives for his proceedings astatine the Manhattan Criminal Court gathering successful New York City connected Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Adam Gray for Fox News Digital)

Prosecutors played video of the chokehold again and Dr. Harris commented arsenic she went done it.

At 1 point, she said helium was conversing, showing that helium had "air moving done his vocal chords." She described Neely straining to respire and making manus gestures, which she said were a awesome for help. 

Assistant District Attorney Dafna Yoran asked astir witnesses testifying that Neely hadn’t gagged oregon gasped oregon said that helium couldn’t breathe.

"Sometimes radical marque noises erstwhile they can't breathe, and sometimes they don’t," she replied.

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

She besides said that she believes that Neely died astir 2 minutes, 9 seconds into the video, aft his look turned radical and helium began "twitching" successful decease throes.

"I judge that astatine this constituent helium has mislaid consciousness, and what we volition spot successful the signifier of these twitchings represents encephalon injury," she said.

Penny, 26, is connected proceedings for the May 1, 2023, decease of Neely, a 30-year-old stateless antheral with a lengthy transgression grounds and past of intelligence unwellness who stormed onto the bid and started making decease threats, according to witnesses.

As helium screamed astir going to situation for life, raised his fists and lunged astatine people, Penny grabbed him successful a headlock and wrestled him to the ground. Other riders helped clasp him down arsenic they waited for constabulary to arrive. Neely died.

Dr. Harris' grounds began Thursday, aft Joseph Caballer, the Marine martial arts teacher who had taught Penny astir chokeholds, told the assemblage that the constituent of the maneuver is to instrumentality power of a menace until they are unconscious.

Caballer explained the quality betwixt humor chokes and aerial chokes – moves that alternately deprive the aggressor of bloodflow to and from the encephalon oregon oxygen. Dr. Harris described connected Friday what she had seen successful the video.

Joseph Caballer exits Manhattan Supreme Court successful New York City connected Thursday, Nov. 14, 2024. The 30-year-old erstwhile Marine testified astatine the proceedings of Daniel Penny successful the chokehold decease of Jordan Neely connected a New York City subway successful May 2023. (Adam Gray for Fox News Digital)

"If you lone compress the vein, but you person not applied capable unit to compress the artery, determination are a fewer things you spot erstwhile that happens," she said. "You go congested oregon purple successful color. The veins go distended, due to the fact that they’re afloat of blood. If the unit continues, past the capillaries make pools of humor oregon petechiae."

She had the ADA halt the video and said that she sees that the veins successful Neely’s look are distended and his look appears purple, overmuch darker than the tegument connected his arms.

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

Demonstrators clasp up a Michael Jackson-style overgarment to correspond Jordan Neely astatine the Manhattan Criminal Court gathering successful New York City connected Friday, Nov. 15, 2024. Daniel Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Neely connected a New York City subway train. Neely was a erstwhile Jackson impersonator. (Adam Gray for Fox News Digital)

Dr. Harris returned Friday greeting to prime up wherever she near disconnected erstwhile tribunal adjourned the time before.

The prosecution was expected to remainder its lawsuit aft her testimony. Penny's defence squad are expected to telephone their archetypal witnesser Monday.

On Tuesday, a antheral who appeared connected video helping Penny clasp Neely down testified. 

Eric Gonzales told the tribunal that astatine 1 constituent helium said Penny hadn't held Neely tightly enough, that helium had felt a pulse erstwhile they some yet fto go, that helium had been granted immunity from prosecution successful speech for testifying – and that helium had initially lied to investigators. 

This undated photo, provided by Mills and Edwards, LLP, successful 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 successful situation if convicted of the much superior complaint of manslaughter.

He besides faces a number of criminally negligent homicide.