The trial of Daniel Penny continues, with a fellow Marine veteran testifying about chokehold training on the witness stand.

Joseph Cavaller, a former martial arts instructor of Daniel Penny, testifies.

The trial of Daniel Penny continues, with a fellow Marine veteran testifying about chokehold training on the witness stand.
The trial of Daniel Penny continues, with a fellow Marine veteran testifying about chokehold training on the witness stand.

On Thursday, during his trial for manslaughter in the death of Jordan Neely, a Marine veteran who served with Daniel Penny, the subway chokehold suspect, testified.

A former Marine sergeant, Joseph Cavaller, stated that he had given Penny martial arts instruction and demonstrated a "blood choke" technique that can incapacitate an aggressor in a matter of seconds by applying pressure to the carotid artery. Unlike an "air choke," which involves pressing on the Adam's apple and can be held for an extended period, the blood choke is never held for more than five seconds during training.

Cavaller stated that the subway chokehold picture displayed by prosecutors resembled an attempted figure-four blood choke. Nevertheless, Cavaller asserted that Penny's arm "may" have been exerting pressure on Neely's trachea.

Daniel Penny arrives to court alongside attorney Steve Raiser at the New York Criminal Court
Daniel Penny arrives to court alongside attorney Steve Raiser at the New York Criminal Court building in Manhattan on Thursday, Nov. 14, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Planet Chronicle Digital )

During cross-examination by defense attorney Steven Raiser, Cavaller admitted that it is possible for someone to remain conscious during a chokehold that lasts more than 13 seconds if the person applying the hold is not exerting pressure. Additionally, Cavaller stated that while Marines are trained not to apply a choke for longer than 5 seconds, this rule does not apply in real-world situations.

Did Mr. Penny apply a blood choke to Mr. Neely, causing him to lose consciousness, as shown in the eyewitness video?

"Not from what I can see," Cavaller replied.

Cavaller stated that the decision to release the hold completely before Penny was 100% convinced that Neely was no longer a threat would be left up to Penny's judgment.

Releasing the hold too soon may result in struggling and fighting, he warned.

At the start of the video, it seemed like Penny was not applying as much pressure as Cavaller was at the 1 minute, 43 second mark, when Neely began struggling. After the video played again, Cavaller stated that he relaxed his grip at that point.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway.
Screenshot from bystander video showing Jordan Neely on the ground after Daniel Penny and Eric Gonzales let go of him on a New York City subway car. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

During cross-examination by the prosecution, Cavaller withdrew from a previous statement where he implied that Penny might have been involved in a faulty blood choke.

He said that it could have been an air choke based on the assumption that pressure was being applied, but the Marines don't teach air chokes.

He said later that the training we teach can be customized according to the circumstances they encounter.

A juror's tardiness caused a delay in the trial, resulting in the jury viewing a previously played bodycam video clip that lacked sound due to technical issues. During the clip, a witness recounted Neely's hostile behavior and the threatening statements he made to police.

Jordan Neely, left, with Carolyn Neely smiling in a selfie
This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)

The witness stated that the individual said they had a difficult day, didn't care about what happened that day or going to jail, but someone was dying that day.

A witness reported that the responding officers took too long to arrive, and the suspect was attempting to resist them while someone else arrived, but it still took too long.

Jordan Neely aftermath
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. As Neely struggled against the headlock, witness Eric Gonzales held Neely's hands away. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

"The witness stated that Penny saw he was about to harm someone and restrained him until the police arrived."

On the sixth day of testimony, prosecutors have already called 31 witnesses.

The city medical examiner's office, the lead detective on the case, and a Marine sergeant who trained Penny were anticipated to provide testimony on Thursday. Additionally, the jury was expected to view video from Penny's initial interrogation.

On Tuesday, a man who was seen in a video aiding Penny in restraining Neely gave testimony.

Eric Gonzales stated in court that he said Penny wasn't holding Neely tightly enough, felt a pulse when they both released, was granted immunity for testifying, and initially lied to investigators.

Penny is being accused of manslaughter and criminally negligent homicide and could receive a sentence of up to 19 years if found guilty.

by Michael Ruiz

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