Joseph Caballer, the former Marine who trained Daniel Penny, testified that the evidence indicates Penny may have improperly applied a chokehold on Jordan Neely, stating, "photos seemed to show Mr. Penny trying to use a blood choke to restrain the man." Caballer detailed the distinction between a proper blood choke, which can incapacitate quickly, and an improper air choke, which can prolong unconsciousness and risk injury to the windpipe.
Caballer emphasized that the chokehold technique utilized by Penny is not part of Marine Corps training, stating, "The hold is not taught by the Marines." This critical observation could add significant weight to the assessment of Penny's actions, potentially influencing the jury's perception regarding the appropriateness and legality of his conduct.
Witnesses reported that Jordan Neely was exhibiting erratic behavior on the F train before the incident, describing him as "yelling, throwing his jacket on the floor and striding through the subway car." Penny claims he intervened to protect other passengers, asserting he "did not put pressure on Mr. Neely's neck" and was only trying to prevent any harm.
Prosecutors argue that Daniel Penny's actions turned criminal when he failed to release his chokehold on Neely after the train reached its stop and the doors opened, highlighting the assertion that "his actions became criminal when he did not release his chokehold once Mr. Neely was no longer a threat." This element is crucial in the ongoing legal proceedings.
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