Daniel Penny, Wearing A Dark Suit, Walks In A Courtroom Hallway Among Lawyers.

Marine Testifies on Chokehold Training in Manslaughter Trial

Marine trainer discusses methods to render individuals unconscious quickly, highlighting a case where a homeless man was held for six minutes.

Former Marine Joseph Caballer testified in a Manhattan criminal court that Daniel Penny may have applied a chokehold improperly when he killed a homeless man, Jordan Neely, last year. Caballer, who trained Penny in the Marine Corps, explained that images and video footage indicated that Penny attempted to use a “blood choke” on Neely, which can cut off oxygen to the brain in as little as eight seconds. However, as the struggle ensued and Neely moved, the hold may have transitioned into an “air choke,” which takes longer to render a person unconscious and could potentially cause injury to the trachea or windpipe. Caballer highlighted that the air choke is not a technique taught by the Marines.

The incident occurred on an uptown F train on May 1, 2023, where Neely, who had a history of mental illness, exhibited disruptive behavior by yelling, throwing his jacket, and moving through the subway car. Penny intervened to protect other passengers, stating that he did not apply pressure to Neely’s neck but restrained him to prevent harm to others. Penny is facing charges of manslaughter and criminally negligent homicide for his actions.

Prosecutors argue that Penny’s actions crossed into criminal territory when he failed to release the chokehold after Neely was no longer a threat, particularly when the train had stopped at the Broadway-Lafayette Street station and the doors had opened, allowing passengers to exit.

The testimony from Caballer sheds light on the potential misuse of the chokehold technique by Penny, raising questions about the level of force used in the situation. The case underscores the importance of proper training and restraint in law enforcement and self-defense scenarios to prevent unnecessary harm and legal consequences.

Source: The NY Times

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