[Craig Nigrelli]
THIS WEEK, THE TRIAL OF DANIEL PENNY, A 26-YEAR-OLD MARINE VETERAN CHARGED IN THE DEATH OF JORDAN NEELY, FEATURED KEY TESTIMONY FROM PENNY’S MARINE COMBAT INSTRUCTOR, SHEDDING LIGHT ON THE CHOKEHOLD TECHNIQUE USED IN THE FATAL 2023 SUBWAY ENCOUNTER.
MARINE INSTRUCTOR JOSEPH CABALLER TESTIFIED ABOUT THE “BLOOD CHOKE,” A MANEUVER TAUGHT IN COMBAT TRAINING TO RENDER A PERSON UNCONSCIOUS BY CUTTING OFF BLOOD FLOW TO THE BRAIN WITHIN SECONDS.
PENNY IS FACING CHARGES OF MANSLAUGHTER AND CRIMINALLY NEGLIGENT HOMICIDE FOR HIS ACTIONS ON A NEW YORK SUBWAY. HE HAS PLEADED NOT GUILTY, STATING THAT HE ACTED TO PROTECT PASSENGERS FROM NEELY, WHOM HE DESCRIBED AS THREATENING AND AGGRESSIVE.
VIDEO EVIDENCE SHOWS PENNY RESTRAINING NEELY ON A SUBWAY TRAIN FLOOR FOR SEVERAL MINUTES, EVEN AFTER NEELY STOPPED MOVING. CABALLER’S TESTIMONY SUGGESTED PENNY’S TECHNIQUE MAY HAVE SHIFTED DURING THE STRUGGLE. HE DESCRIBED HOW A BLOOD CHOKE COULD UNINTENTIONALLY BECOME AN “AIR CHOKE,” WHICH APPLIES PRESSURE TO THE TRACHEA AND TAKES LONGER TO RENDER A PERSON UNCONSCIOUS.
HE NOTED THAT PROLONGED OR INCORRECT APPLICATION OF A ‘BLOOD CHOKE’ COULD TURN A NON-LETHAL HOLD INTO A FATAL ONE.
DURING A POLICE INTERVIEW, PENNY TOLD DETECTIVES HE HAD NO INTENTION OF HARMING NEELY AND WAS FOCUSED ON PREVENTING HIM FROM INJURING OTHERS.
A WITNESS, ERIC GONZALEZ, TESTIFIED THAT HE URGED PENNY TO RELEASE NEELY, OFFERING TO HELP RESTRAIN THE MAN’S HANDS. GONZALEZ SAID PENNY IGNORED THE SUGGESTION AND CONTINUED THE CHOKEHOLD.
THE MEDICAL EXAMINER WHO PERFORMED NEELY’S AUTOPSY TESTIFIED THAT HIS DEATH RESULTED FROM “COMPRESSION OF THE NECK,” IDENTIFYING THE CHOKEHOLD AS THE PRIMARY CAUSE.
PENNY’S DEFENSE ATTORNEYS DISPUTE THAT CLAIM, ARGUING THAT NEELY’S EXISTING HEALTH ISSUES AND POSSIBLE SUBSTANCE USE MAY HAVE CONTRIBUTED TO HIS DEATH. THEY ALSO SUGGESTED THAT PENNY DID NOT APPLY CONSISTENT PRESSURE THROUGHOUT THE INCIDENT.
THE CASE SPARKED DEBATE ABOUT PUBLIC SAFETY, SELF-DEFENSE, AND THE USE OF FORCE IN CONFRONTATIONS INVOLVING MENTAL HEALTH ISSUES.
IF CONVICTED, PENNY COULD FACE UP TO 15 YEARS IN PRISON.
FOR MORE OF OUR UNBIASED, STRAIGHT FACT REPORTING – BE SURE TO DOWNLOAD THE STRAIGHT ARROW NEWS APP TODAY, OR LOG ON TO SAN.COM.