Daniel Penny trial resumes as fellow Marine vet explains chokehold training on witness stand

A Marine seasoned who served alongside New York City subway chokehold fishy Daniel Penny took the basal Thursday during his proceedings connected manslaughter charges successful the decease of Jordan Neely.

Joseph Cavaller, a erstwhile Marine sergeant, said helium had fixed Penny martial arts acquisition and explained a "blood choke" designed to sound retired an aggressor successful conscionable a fewer seconds with unit to the carotid artery – which helium said is ne'er held much than 5 seconds successful training. That's antithetic from an "air choke," which applies unit to the aggressor's Adam's pome and tin beryllium held for minutes.

Prosecutors showed a representation of the subway chokehold and Cavaller said it looked similar an attempted figure-four humor choke. However, Cavaller said Penny's limb "could be" putting unit connected Neely's trachea instead. 

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Daniel Penny arrives to tribunal alongside lawyer Steve Raiser astatine the New York Criminal Court gathering successful Manhattan connected Thursday, Nov. 14, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Adam Gray for Fox News Digital )

Under cross-examination from defence lawyer Steven Raiser, Cavaller said helium agreed that idiosyncratic could beryllium placed successful a chokehold for much than 13 seconds and not suffer consciousness if the idiosyncratic performing the clasp wasn't applying pressure. He besides said that portion Marines are told not to use a choke for longer than 5 seconds successful training, that doesn't use to the existent world.

"Is determination immoderate constituent Mr. Penny appears to beryllium applying a humor choke afloat for Mr. Neely to spell unconscious?" Raiser asked portion showing images from eyewitness video.

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

When asked if there’s immoderate crushed wherefore the clasp should beryllium released wholly earlier Penny was 100% convinced that Neely was nary longer a threat, Cavaller said the determination would beryllium up to Penny's judgment.

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"If you merchandise the clasp excessively soon, determination could beryllium struggling, fighting," helium said.

After the video played again, Cavaller said that astatine the start, Penny did not look to beryllium applying arsenic overmuch unit arsenic helium was astatine the 1 minute, 43 2nd mark, erstwhile Neely started struggling, and past helium relaxed his grip again.

Screenshot from bystander video showing Jordan Neely connected the crushed aft Daniel Penny and Eric Gonzales fto spell of him connected a New York City subway car. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

Under redirect introspection from the prosecution, Cavaller backed disconnected of an earlier speech successful which helium suggested Penny could person been holding a botched humor choke. 

"Based disconnected conscionable the presumption that helium was applying pressure, yea it could person been immoderate benignant of aerial choke," helium said, adding that the Marines don't thatch aerial chokes.

"The grooming we thatch tin beryllium modified based connected the concern that they’re facing," helium said later.

After a precocious commencement due to the fact that a juror was delayed, the assemblage was shown a clip of bodycam video that had been played earlier but missed dependable owed to method difficulties. In it, a witnesser told constabulary astir Neely's aggression and the decease threats helium made.

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

"He told similar everyone that helium had similar a unsmooth day, and that helium don’t attraction what happens today, helium don’t attraction astir going to jail, but that someone’s dying today," the witnesser said.

Another witnesser complained to responding officers astir their delayed response: "Everybody, I was calling 911, they took huffy agelong to come. He was trying to defy him portion idiosyncratic came, but they took huffy long."

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

"Dude got up and saw helium was astir to wounded somebody, and helium got up and helium restrained him," that witnesser added, referring to Penny. "And helium was trying to restrain him until the constabulary came."

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Going into the sixth time of testimony, prosecutors already called 31 radical to the stand.

Thursday's proceedings were expected to see grounds from the metropolis aesculapian examiner's office, the pb detective connected the lawsuit and a Marine sergeant who trained Penny. The assemblage was besides expected to spot video from Penny's archetypal interrogation.

On Tuesday, a antheral who appeared connected video helping Penny clasp Neely down testified. 

Eric Gonzales told the tribunal that astatine 1 constituent helium said Penny wasn't holding Neely choky enough, that helium felt a pulse erstwhile they some yet fto go, that helium had been granted immunity from prosecution successful speech for testifying – and that helium initially lied to investigators. 

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Penny is warring charges of manslaughter and criminally negligent homicide. He faces up to 19 years if convicted.