Jordan Neely had drugs in his system at time of death: medical examiner

Dr. Cynthia Harris took the stand and said that Neely died of asphyxiation due to neck compression but revealed that a toxicology report indicated the presence of drugs in Neely’s system. Harris identified the substance as a “synthetic cannabinoid,” but did not specify the exact compound or dosage.

"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."

During her testimony, Harris noted there was no damage to Neely’s chin, neck bones, or other midline structures. Prosecutors played a video showing Penny putting Neely in a chokehold on the subway while Harris made comments about the situation. Harris testified that Neely died around two minutes and nine seconds in the video after his face was shown turning purple and he began “twitching,” Fox News reported.

"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 commented.

Despite this, Neely still had a pulse after Penny let go, as identified by police officers. Case notes that were introduced as evidence also suspected cardiac arrest as Neely did not have “visible trauma.” The examiner added that the drugs in his system “would not help the heart” during the struggle with Penny.

Penny, who is charged with manslaughter, restrained homeless man Neely on a New York City subway back in May 2023 after Neely was acting untruly on the train and issuing violent threats towards passengers. When Penny first spoke out about the incident last year, he stated that he believed Neely “appeared to be on drugs” and posed a danger by repeatedly threatening to kill people.