The medical examiner testified that the subway madman had drugs in his system during the trial of a Marine veteran who used a chokehold on him.

The forensic pathologist who performed the autopsy on Jordan Neely stated on Friday that he found synthetic drugs in Neely's system, but it was asphyxiation that led to his death.

Dr. Cynthia Harris from the City Medical Examiner's Office stated that Neely's death was caused by asphyxia due to neck compression, as per her autopsy report. However, the toxicology report revealed that he had drugs in his system, which were identified as a synthetic cannabinoid, but not in specific terms or at what dose.

"The blood test revealed the presence of a synthetic cannabinoid, a potent drug that is relatively new in the world of drugs. These drugs belong to the category of stimulants, which rev up the body and are as potent as cocaine."

She reported that there were no injuries to his bones in the chin, neck, or midline structures, but she discovered scrapes and bruises on his face, neck, torso, and arms, petechiae in his eyes, and damage to his spleen from sickle cell trait.

Dr. Harris commented on the chokehold video as prosecutors played it again.

She stated that he was talking, indicating that he had "air flowing through his vocal cords." She observed Neely struggling to breathe and making hand gestures, which she believed were a plea for assistance.

Dafna Yoran, the Assistant District Attorney, inquired about witnesses who testified that Neely did not gag, gasp, or state that he couldn't breathe.

Sometimes individuals produce sounds when they're unable to inhale, while other times they remain silent.

She stated that she believes Neely died approximately two minutes and nine seconds into the video, as his face turned purple and he began "twitching" in death throes.

She stated that at this stage, he has likely lost consciousness, and the twitching we observe is a result of brain damage.

Neely, a 30-year-old homeless man with a criminal record and mental illness, was killed on May 1, 2023, by Penny, a 26-year-old woman who was on trial for the incident, according to witnesses.

As he screamed about being sentenced to life in prison, he 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 until police arrived. Unfortunately, Neely did not survive.

On Thursday, Dr. Harris' testimony commenced following Joseph Caballer, the Marine martial arts instructor, explaining to the jury that the purpose of the chokehold is to subdue a threat until they lose consciousness.

On Friday, Dr. Harris described what she saw in the video regarding the difference between blood chokes and air chokes, which are moves that alternately deprive the aggressor of bloodflow to and from the brain or oxygen.

"If you only compress the vein but not enough force is applied to compress the artery, you may experience congestion or a purple color. The veins will become distended due to being full of blood. If the pressure continues, capillaries may develop pools of blood or petechiae."

She instructed the ADA to pause the video and observed that Neely's veins were prominent and his face was significantly darker than the skin on his arms.

Dr. Harris stated that it wasn't unusual for Neely to still have a pulse after Penny let go.

"An asphyxial death occurs when the brain dies first due to lack of oxygen. Other tissues and organs in the body are not as sensitive as the brain and will also eventually die, but the brain dies first."

On Friday morning, Dr. Harris resumed her work where she had left off the previous day when court adjourned.

After her testimony, the prosecution was expected to rest its case. Meanwhile, Penny's defense team is expected to call their first witness on Monday.

On Tuesday, a man who was seen in a video aiding Penny in restraining Neely gave testimony.

Eric Gonzales stated in court that he said Penny hadn't held Neely tightly enough, that he 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.

If convicted of manslaughter, Penny could face up to 15 years in prison.

He also faces a count of criminally negligent homicide.