More information came to light during the trial of Daniel Penny, a 26-year-old Marine veteran charged in the death of Jordan Neely. Key testimony came from Penny’s Marine combat instructor, giving further information on the chokehold technique used in the fatal subway encounter.
Marine instructor Joseph Caballer testified about the “blood choke,” a maneuver taught in combat training to render a person unconscious by cutting off blood flow to the brain within seconds.
Caballer explained that while effective when applied correctly, holding the choke too long can lead to serious injury or death. He noted that Marines are trained to release the hold immediately once the subject is unconscious.
Penny faces charges of manslaughter and criminally negligent homicide after placing Neely, a 30-year-old homeless man, in a chokehold during a May 2023 incident on a Manhattan subway. Penny, who has pleaded not guilty, claims he acted to protect passengers from Neely, whom he described as threatening and aggressive.
Video evidence shows Penny restraining Neely on the subway floor for several minutes, even after Neely stopped moving. Caballer’s testimony suggested Penny’s technique may have shifted during the struggle.
He described how a blood choke could unintentionally become an “air choke,” which applies pressure to the trachea and takes longer to render a person unconscious.
Caballer emphasized that improper or prolonged application of either hold can turn a non-lethal restraint into a fatal one. NYC Medical Examiner Dr. Cynthia Harris testified that Neely’s death resulted from “compression of the neck,” with “chokehold” listed as the cause on the death certificate.
Penny’s defense attorneys argued that Neely’s preexisting health issues and potential substance use may have contributed to his death. They also suggested that Penny did not apply consistent pressure throughout the incident.
Eric Gonzalez, a witness to the encounter, testified that he urged Penny to release Neely, offering to help restrain the man’s hands. Gonzalez stated that Penny ignored his suggestion and continued the hold even after Neely stopped resisting. During a police interview, Penny told detectives he had no intention of harming Neely and acted out of concern for passenger safety.
The trial has drawn significant public attention, sparking debates about public safety, self-defense, and the use of force in confrontations involving mental health issues.
If convicted, Penny faces up to 15 years in prison.
