A former Marine combat instructor testified that Daniel Penny misused a combat maneuver when he fatally choked Jordan Neely aboard a Manhattan subway, saying he…
The technique — an apparent “blood choke” — can make a person feel like “trying to breathe through a crushed straw,” said the instructor, who recalled telling Marines: “You don’t want to keep holding on. This can result in actual injury or death.”wrapped his arm around the neck of a homeless man on a Manhattan subway last year, the 25-year-old veteran appeared to be deploying a non-lethal chokehold long drilled into U.S. Marines.
Prosecutors allege that Penny “went way too far" in his attempt to restrain Neely, showing an “indifference” toward his life even after he had lost consciousness and stopped fighting back.Penny, an architecture student who served four years in the U.S. Marines, told police he was seeking to protect himself and other riders from a man who was acting erratically on the train and frightening riders with distressing comments.
Asked by prosecutors whether Penny has used the chokehold in an “improper” manner, Caballer said that he had. Pressed by Penny’s attorney, Caballer acknowledged that he could not “definitively tell from watching the video how much pressure is actually being applied.” But at times, he said, it appeared that Penny was using a hold that may have cut off the flow of blood to Neely's brain.Later in the afternoon, Dr. Cynthia Harris, the city medical examiner who inspected Neely’s body, reiterated her finding that he had died from a lack of oxygen caused by the chokehold.
After a two day break, the trial of Daniel Penny resumed with testimony from passengers who say they believe Penny was trying to protect them. The defense requested a mistrial, which the judged denied. NBC New York's Erica Byfield reports.
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