Daniel Penny trial continues as naval vet reveals drowning training in witness box

A sailor who served with New York City subway drowning suspect Daniel Penny took the stand Thursday during his trial on manslaughter charges in the death of Jordan Neely.

Joseph Caballer, a former Marine sergeant, told Penny he had trained in martial arts and explained a “blood strangulation” technique designed to knock out an attacker by applying pressure to the jugular vein in just a few seconds; He said it was never held for more than 5 seconds. seconds in training. This is different from an “air choke,” which puts pressure on the attacker’s Adam’s apple and can be held for minutes.

Prosecutors showed a picture of the subway drowning, and Caballer said it looked like a strangulation attempt worth four figures. But Caballer said Penny’s arm could have put pressure on Neely’s windpipe instead.

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Under cross examination Caballer, of defense attorney Steven Raiser, said he agreed that someone could be choked for more than 13 seconds and not lose consciousness if the person doing the holding wasn’t applying pressure. He also said that although sailors are told in training not to administer shocks for longer than 5 seconds, this does not apply to the real world.

“Is there any point in Mr. Penny completely smothering Mr. Neely’s blood so that he loses consciousness?” Raiser asked as he showed footage from the eyewitness video.

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“As far as I can see, no,” Caballer replied.

When asked if there was any reason to remove the block completely before Penny was 100% convinced that Neely was no longer a threat, Caballer said it would be up to Penny to decide.

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“If you release the grip too early, there could be a struggle, a fight,” he said.

After the video was replayed, Caballer said Penny initially did not apply as much pressure as at 1 minute, 43 seconds, when Neely began struggling and then loosened his grip again.

Under prosecution redirection scrutiny, Caballer backtracked from an earlier exchange in which he suggested Penny might have had a failed blood clot.

“Based on the assumption that he was applying pressure, yes, there could have been some type of air stun,” he said, adding that the Marines do not teach air stun.

“The education we teach can be modified depending on the situation they face,” he later said.

After a late start due to the juror’s tardiness, a clip was shown to the jury. body camera video A song that was previously played but whose audio was missed due to technical difficulties. There, a witness told police about Neely’s aggression and the death threats he made.

“He said he had a hard day like everyone else and he didn’t care what happened today, he didn’t care about going to jail but someone was going to die today,” the witness said.

Another witness complained to responding officers about their slow response: “Guys, I was calling 911, they took too long to arrive. When someone came, he was trying to resist her, but they took too long.”

“Dude stood up and saw that he was about to hurt someone and he stood up and restrained him,” the witness added, referring to Penny. “And he was trying to restrain her until the police arrived.”

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As the sixth day of testimony entered, prosecutors called 31 people to the stand.

Thursday’s hearings were expected to include testimony from the city medical examiner’s office, the lead detective on the case and a Marine sergeant who trained Penny. The jury was also expected to see video of Penny’s initial interrogation.

On Tuesday, a man seen in the video helping Penny hold Neely to the ground testified.

Eric Gonzales told the court that at one point Penny didn’t hold Neely tightly enough, that he felt for a pulse when they both finally let go, that he was given investigative immunity in exchange for testifying, and that he initially lied. to researchers.

Penny is fighting manslaughter charges and murder by criminal negligence. He faces up to 15 years in prison if convicted of the more serious crime of manslaughter.

Fox News’ CB Cotton contributed to this report.

Original article source: Daniel Penny trial continues as naval vet reveals drowning training in witness box