"I wasn't trying to injure him. I'm just trying to keep him from hurting anybody else," the Marine veteran, 26, told two detectives during a videotaped interrogation shown to jurors.
"That's what we are taught in the Marine Corps," Penny added, referring to protecting others, in the footage played during the third week of his lightning-rod manslaughter trial in Manhattan Supreme Court.
Detective Brian McCarthy testified that he did not tell Penny that Neely had died during the interrogation - though video of the subway car shows that Penny witnessed police officers trying to revive a lifeless Neely minutes after the chokehold ended.
Penny's lawyers tried to attack Gonzalez's credibility by pointing out that he lied to investigators, claiming at first that Neely had hit him - a fib he explained by saying he'd been scared he'd get "pinned" on a murder charge.
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