Daniel Penny’s trial resumes as fellow Marine explains chokehold training to witnesses

A Marine veteran who served with New York City subway shooting suspect Daniel Penny took the stand Thursday during his trial on charges of involuntary manslaughter of Jordan Neely.

Joseph Caballere, a former Marine sergeant, said he taught Penny martial arts and explained the “blood pressure,” designed to knock out an aggressor in just a few seconds with pressure on the carotid artery, which he said is never held for more than 5 seconds in training . This is different from “air suffocation”, which puts pressure on the aggressor’s body and can be held for minutes.

Prosecutors showed a photo of the choke hold on the subway, and Caballero said it looked like a figure-four choke attempt. However, Caballero said Penny’s hand “may” be pressing on Neely’s trachea.

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Under cross examination From defense attorney Stephen Reiser, Caballere said he agrees that someone can be choked for more than 13 seconds and not lose consciousness if the person doing the restraining doesn’t apply pressure. He also said that while Marines are told not to use a choke hold longer than 5 seconds in training, that doesn’t apply in the real world.

“Does it make any sense that Mr. Penny appears to be applying a full blood choke to knock Mr. Neely unconscious?” Reiser asked, showing images from the eyewitness video.

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“Not from what I can see,” Caballero replied.

When asked if there was any reason why the ban should be fully lifted before Penny is 100 percent sure Neely is no longer a threat, Caballero said it would be up to Penny to decide.

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“If you release the hold too early, there can be a struggle, a fight,” he said.

After replaying the video, Caballero said early on, Penny didn’t seem to be applying as much pressure as he did at 1 minute, 43 seconds, when Neely started to struggle and then loosened his grip again.

During re-examination by prosecutors, Caballero recanted an earlier conversation in which he suggested that Penny might have failed a blood transfusion.

“Just assuming that he was compressing, yes, it could have been some kind of air asphyxiation,” he said, adding that Marines don’t teach air asphyxiation.

“The training we do can be modified depending on the situation they’re facing,” he said later.

After a late start due to the delay of the jury, the jury was shown a clip body camera video which was played earlier but missed the sound due to technical problems. In it, a witness told police about Neely’s aggression and death threats.

“He said, like everyone else, that he had a rough day and he didn’t care what happened today, he didn’t care if he went to jail, he didn’t care if someone died today,” the witness said.

Another witness complained to the police about their delay with the response: “Everybody, I called 911, they took a long time to get there. He tried to resist him until someone came, but they took a long time.’

“The dude got up and saw he was going to hurt somebody and got up and restrained him,” the witness added, referring to Penny. “And he tried to restrain him until the police arrived.”

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Starting from the sixth day of testimony, prosecutors have already summoned 31 people to court.

Thursday’s hearing was expected to include testimony from the city medical examiner, the lead detective on the case and a Marine sergeant who trained Penny. Jurors were expected to see video of Penny’s first interrogation.

On Tuesday, the man who appeared on video helping Penny hold Neely testified.

Eric Gonzalez told the court that at one point he said Penny didn’t hold Neely tight enough, that he felt a pulse when they both finally let go, that he was given immunity from prosecution in exchange for testifying — and that he initially lied to investigators .

Penny is fighting manslaughter charges manslaughter. He faces up to 15 years in prison if convicted of the more serious charge of involuntary manslaughter.

Fox News’ CB Cotton contributed to this report.

Source of the original article: Daniel Penny’s trial resumes as fellow Marine explains chokehold training to witnesses