Subway chokehold trial: Instructor testifies Daniel Penny used wrong technique while trying to subdue Jordan Neely
Daniel Penny arrives at Manhattan Criminal Court after a break on Tuesday. Credit: AP/Yuki Iwamura
A Marine martial arts instructor who taught Daniel Penny nonlethal restraints in the military said Thursday that his former student failed to apply the correct technique when he subdued Jordan Neely with a fatal chokehold last year on a Manhattan F train.
Penny, a West Islip High School graduate and Marine veteran, is on trial on charges of second-degree manslaughter and criminally negligent homicide for the May 1, 2023, death of Neely, a homeless man struggling with drug and mental health issues.
Joseph Caballer, 30, a nine-year veteran of the Corps who trained troops in self-defense, told the jury that Penny’s elbow and hand were "not in the correct position" for a proper figure-four chokehold and he could have been restricting Neely’s windpipe.
"The purpose of chokes is to render your aggressor unconscious or gain control in a close combat situation through less than lethal force," the instructor said, reading from the Marine Corps Martial Arts Program Manual.
Penny, however, appeared to be applying a combination of chokehold restraints, Caballer told the court — "blood choke," which applies pressure to the carotid arteries on either side of the neck shutting off blood flow to the head and an "air choke," which is not taught in the military because it places pressure on the trachea and can cause injury or death.
Caballer told the court Penny had reached the third tier of proficiency in martial arts training — a green belt — becoming expert in different types of blood chokeholds — also known as sleeper holds — during his time in the service.
A properly applied blood hold can render an opponent unconscious in as little as eight seconds, the instructor said.
It takes longer — two to three minutes — for the air choke to render the opponent unconscious, the instructor said.
Prosecutors said Penny held onto Neely’s neck for more than five minutes, struggling on the F train floor until he went limp around 2:39 p.m.
During his training, Caballer said he taught Penny that an improperly performed chokehold, like the air choke, should not be used.
"Usually before we do chokes we say, ‘Hey guys, this is the reason you don’t want to do this hold, this could result in injury or death. We’re not here to hurt anyone,’ " he told the jury.
During a frame-by-frame analysis of the cellphone video of Penny and Neely struggling on the subway car floor, Caballer said that at one point it appeared the former Marine was applying pressure to the homeless man’s trachea.
Manhattan prosecutor Dafna Yurin asked the martial arts teacher if the hold could be lethal.
"Yes, actually," Caballer said.
Neely had burst onto the crowded F train around 2:30 at the Second Avenue station and began screaming about wanting food and a soda and telling passengers that someone would die that day.
With one exception, the eyewitnesses who have taken the stand have said they felt threatened by Neely.
Police interrogation video that played for the jury for the first time shows Penny demonstrating the chokehold on a NYPD detective.
Penny, who did not know that Neely had died at the time, told investigators he was trying to protect the other passengers.
"I’m not trying to kill the guy," he told detectives. "I’m just trying to de-escalate the situation."
He said he didn’t press forward on Neely’s head, a maneuver used in the figure-four chokehold to apply more pressure between the arm and neck.
Caballer admitted under cross-examination from defense lawyer Stephen Raiser that he couldn’t tell how much pressure Penny was applying and agreed that, at times, the restraint hold appeared to be relaxed and at other times it seemed more forceful.
"I cannot definitively tell from the video how much pressure is being applied," he said.
Penny told detectives in the interrogation video that he would relax and tighten his grip depending on Neely’s resistance.
"He’d get a burst of energy and then I would have to hold him a little bit," Penny said, adding "I wasn’t trying to injure him. I’m just trying to keep him from hurting anyone else. He was threatening everyone."
City medical examiner Dr. Cynthia Harris also testified on Thursday. She told the jury that she determined Neely died from the chokehold due to oxygen being cut off from the body.
Harris is expected to return to the stand on Friday. She’s expected to be the prosecution’s last witness.
A Marine martial arts instructor who taught Daniel Penny nonlethal restraints in the military said Thursday that his former student failed to apply the correct technique when he subdued Jordan Neely with a fatal chokehold last year on a Manhattan F train.
Penny, a West Islip High School graduate and Marine veteran, is on trial on charges of second-degree manslaughter and criminally negligent homicide for the May 1, 2023, death of Neely, a homeless man struggling with drug and mental health issues.
Joseph Caballer, 30, a nine-year veteran of the Corps who trained troops in self-defense, told the jury that Penny’s elbow and hand were "not in the correct position" for a proper figure-four chokehold and he could have been restricting Neely’s windpipe.
"The purpose of chokes is to render your aggressor unconscious or gain control in a close combat situation through less than lethal force," the instructor said, reading from the Marine Corps Martial Arts Program Manual.
WHAT NEWSDAY FOUND
- A Marine martial arts instructor who taught Daniel Penny nonlethal restraints in the military said his former student failed to apply the correct technique when he subdued Jordan Neely with a fatal chokehold last year on a Manhattan F train.
- Penny, a West Islip High School graduate and Marine veteran, is on trial on charges of second-degree manslaughter and criminally negligent homicide for the May 1, 2023, death of Neely.
- City medical examiner Dr. Cynthia Harris is also scheduled to return to the stand Friday. She is expected to be the prosecution's last witness.
Penny, however, appeared to be applying a combination of chokehold restraints, Caballer told the court — "blood choke," which applies pressure to the carotid arteries on either side of the neck shutting off blood flow to the head and an "air choke," which is not taught in the military because it places pressure on the trachea and can cause injury or death.
Caballer told the court Penny had reached the third tier of proficiency in martial arts training — a green belt — becoming expert in different types of blood chokeholds — also known as sleeper holds — during his time in the service.
A properly applied blood hold can render an opponent unconscious in as little as eight seconds, the instructor said.
It takes longer — two to three minutes — for the air choke to render the opponent unconscious, the instructor said.
Prosecutors said Penny held onto Neely’s neck for more than five minutes, struggling on the F train floor until he went limp around 2:39 p.m.
During his training, Caballer said he taught Penny that an improperly performed chokehold, like the air choke, should not be used.
"Usually before we do chokes we say, ‘Hey guys, this is the reason you don’t want to do this hold, this could result in injury or death. We’re not here to hurt anyone,’ " he told the jury.
During a frame-by-frame analysis of the cellphone video of Penny and Neely struggling on the subway car floor, Caballer said that at one point it appeared the former Marine was applying pressure to the homeless man’s trachea.
Manhattan prosecutor Dafna Yurin asked the martial arts teacher if the hold could be lethal.
"Yes, actually," Caballer said.
Neely had burst onto the crowded F train around 2:30 at the Second Avenue station and began screaming about wanting food and a soda and telling passengers that someone would die that day.
With one exception, the eyewitnesses who have taken the stand have said they felt threatened by Neely.
Police interrogation video that played for the jury for the first time shows Penny demonstrating the chokehold on a NYPD detective.
Penny, who did not know that Neely had died at the time, told investigators he was trying to protect the other passengers.
"I’m not trying to kill the guy," he told detectives. "I’m just trying to de-escalate the situation."
He said he didn’t press forward on Neely’s head, a maneuver used in the figure-four chokehold to apply more pressure between the arm and neck.
Caballer admitted under cross-examination from defense lawyer Stephen Raiser that he couldn’t tell how much pressure Penny was applying and agreed that, at times, the restraint hold appeared to be relaxed and at other times it seemed more forceful.
"I cannot definitively tell from the video how much pressure is being applied," he said.
Penny told detectives in the interrogation video that he would relax and tighten his grip depending on Neely’s resistance.
"He’d get a burst of energy and then I would have to hold him a little bit," Penny said, adding "I wasn’t trying to injure him. I’m just trying to keep him from hurting anyone else. He was threatening everyone."
City medical examiner Dr. Cynthia Harris also testified on Thursday. She told the jury that she determined Neely died from the chokehold due to oxygen being cut off from the body.
Harris is expected to return to the stand on Friday. She’s expected to be the prosecution’s last witness.
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