NYC medical doctor testifies in Daniel Penny trial in Jordan Neely drowning

NEW YORK – A Manhattan forensic pathologist who performed the autopsy of Jordan Neely after he died following an aggressive outburst in a New York City subway car said Friday that Neely had synthetic drugs in his system when he died but was strangled to death.

Dr. from the City Medical Examiner’s Office. Cynthia Harris said Neely’s cause of death was ruled asphyxia due to neck compression. The toxicology report also showed drugs were present in her system, but the woman said she could loosely describe them as “synthetic cannabinoids” but did not specify them in specific terms or at what dose.

“We found a synthetic cannabinoid in the blood, which is a relatively new drug in the drug scheme,” he said. “They’re synthetic and stronger than marijuana. In a class of drugs, they fall into the category of stimulants; they stimulate the body, so they fall into the same drug class as cocaine, for example.”

He said there was no bone damage in his jaw, neck or midline structures. Scrapes and bruises were found 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 disease.

DANIEL PENNY CASE CONTINUED WITH HIS FRIEND, A MARINE VETERINARY, EXPLAINING HIS DROWNING TRAINING IN THE TEST OF WITNESSES

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

Prosecutors replayed the video of the drowning and Dr. Harris commented while watching the video.

He said he was talking at one point and it showed “air moving around his vocal cords.” He explained that Neely was having trouble breathing and was making hand movements, which he said was a signal for help.

Deputy District Attorney Dafna Yoran asked if there were witnesses who testified that Neely was not retching, panting, or saying he couldn’t breathe.

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

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

He also said he believed Neely died at about two minutes and nine seconds into the video, after he turned to face people and began “twitching” in his death throes.

“I believe at this point he lost consciousness and what we’re going to see in the form of these twitches represents brain damage,” he said.

Penny, 26, is on trial in the May 1, 2023, death of Neely, a 30-year-old homeless man with a lengthy criminal record and history of mental illness who boarded a train and began making death threats, according to witnesses. .

As he raised his fists and attacked people, screaming that he was going to prison for life, Penny grabbed him by the neck and wrestled him to the ground. Other drivers helped hold him down while he waited for the police to arrive. Neely is dead.

Harris’ testimony began Thursday after Joseph Caballer, the Marine martial arts instructor who taught Penny how to choke, told the jury that the purpose of the maneuver was to gain control until she lost consciousness of a threat.

Caballer explained the difference between blood asphyxiation and air asphyxiation; these were movements that alternately eliminated the attacker’s blood flow to and from the brain or oxygen. Dr. On Friday, Harris described what she saw in the video.

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

“If you just compress the vein but don’t apply enough force to compress the artery, there are a few things you’ll see when this happens,” he said. “You will be clogged or purple. The veins swell because they are filled with blood. If the pressure continues, blood pools, or petechiae, form in the capillaries.”

She had the ADA stop the video and said she saw that the veins in Neely’s face were swollen and that her face appeared purple, much darker than the skin on her arms.

DANIEL PENNY THOUGHT HE WAS PROTECTING A VARIOUS SUBWAY CAR, BUT PROSECUTORS HIGHLIGHTED RACIST OVERENDS

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

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

The prosecution was expected to withdraw its defense after his statement. Penny’s defense team is expected to call its first witnesses on Monday.

On Tuesday, a man seen in the video helping Penny hold Neely to the ground testified.

Eric Gonzales told the court that at one point Penny didn’t hold Neely tightly enough, that he felt for a pulse when they both finally let go, and that he was given immunity from prosecution in exchange for testifying, which he did. he initially lied to investigators.

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

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

He also faces charges of criminally negligent homicide.