Testimony Reveals Details of Chokehold Incident Involving Daniel Penny

A former Marine who trained Daniel Penny in self-defense techniques testified on Thursday, suggesting that the chokehold applied by Penny during the fatal encounter with a homeless man last year may have been executed improperly. Joseph Caballer, the trainer, provided insights that raised questions about the effectiveness and safety of the hold employed.

Caballer indicated that photographs and video footage appeared to show Mr. Penny attempting to use a “blood choke” on Jordan Neely while the two were on the floor of a subway car. A blood choke is designed to cut off oxygen to the brain and can render a person unconscious in as little as eight seconds, according to Caballer, who had taught this technique to Penny during their service together in the Marine Corps.

However, as the confrontation escalated and Mr. Neely shifted in Penny’s grip, Caballer expressed concern that the maneuver may have inadvertently transitioned into what is known as an “air choke.” This type of chokehold is less effective and can take longer to incapacitate an individual, posing a greater risk of injury to the trachea or windpipe. Caballer emphasized that the air choke technique is not part of Marine Corps training.

On May 1, 2023, Mr. Neely, who had a documented history of mental illness, entered an uptown F train and began exhibiting erratic behavior—yelling, throwing his jacket to the ground, and pacing through the subway car, as recounted by witnesses. In response to the escalating situation, Mr. Penny stated that he intervened to protect fellow passengers during the train’s journey between stations.

Penny maintained that he did not apply pressure to Neely’s neck and that his intention was solely to restrain Neely in order to prevent any harm to others. As a result of this incident, Mr. Penny now faces charges of manslaughter and criminally negligent homicide.

Prosecutors from the Manhattan district attorney’s office argued that Penny’s actions crossed a legal line when he failed to release his chokehold once Mr. Neely ceased to pose a threat, particularly after the train had come to a stop at the Broadway-Lafayette Street station in Manhattan, allowing passengers to exit the subway car.