[1][2][4] Beginning in January 1933, while Malloy was unemployed, alcoholic, and homeless, five of his acquaintances – Tony Marino, Joseph "Red" Murphy, Francis Pasqua, Hershey Green, and Daniel Kriesberg (later dubbed "the Murder Trust" by the media)[1] – plotted to kill Malloy by getting him to drink himself to death to collect life insurance.
On an extremely cold night, after Malloy drank until passing out, he was carried to a park, dumped in the snow, and had 5 US gallons (19 L; 4.2 imp gal) of water poured on his bare chest.
[2]On February 22, 1933, after he had passed out for the night, the conspirators took Malloy to Murphy's room, put a hose in his mouth that was connected to the coal gas jet, and turned it on.
[9] Police heard rumors of "Mike the Durable" in speakeasies around the town, and upon learning that Michael Malloy had died that night, they had the body exhumed and forensically examined.
Dr. Manzella was held as an accessory after the fact with a US$10,000 bail[9] (equivalent to $235,373 in 2023), but was ultimately convicted of a misdemeanor in "failing to report a suspicious death to the police and Medical Examiner".