NEW YORK — Marine Corps martial arts instructor Daniel Penny took the stand Thursday day six of testimony in Penny’s trial.
Cent has pleaded not guilty in the strangulation of death of Jordan Neely aboard a subway train last year. Prosecutors allege that Penny’s intentions were good to protect fellow passengers from a threatening Neely, but he used excessive force.
Marine Corps martial arts instructor explains types of chokeholds
Prosecutors called Joseph Caballer, a martial arts instructor from Penny’s Marine Corps, to the witness stand. He testified that Penny had earned a green belt.
During training, he said warnings are given not to hold the choke for more than five seconds. At Crossroads, he told the lawyers that five seconds doesn’t apply to a real-world situation, saying the situation “dictates.”
Caballer told the jury that properly applying a choke would “render your aggressor unconscious,” before telling them to immediately release the pressure or “could result in injury or death.”
Caballer explained that a “blood choke” occurs when pressure is placed on the carotid arteries on either side of the neck, which should render a person unconscious within eight to 13 seconds.
He explained that an ‘air constriction’ occurs when pressure is applied directly to the windpipe and it takes two to three minutes for a person to lose consciousness. Because it would take so long, he explained, it is not taught.
Martial arts instructor goes to trial via frame-by-frame chokehold video on the New York subway
Prosecutors took him through Penny’s hold on Neely frame by frame. At times he testified that it appeared as if Penny was doing a figure-four variation – a form of blood constriction – but that he did not appear to be doing it correctly.
In one image, Caballer said it appeared as if Penny’s forearm was pressing against Neely’s windpipe.
“So is this an inappropriate blood constriction?” the prosecutors asked.
“Yes,” Caballer said.
“Is it potentially fatal?” prosecutors asked,
“Yes, absolutely,” Caballer said.
Manhattan D.A
On cross-examination, defense attorneys asked, “It could also be that there is low pressure on the trachea and more on the right side of the neck?”
“Right,” Caballer said.
“So someone can stay in a choke hold for more than thirteen seconds without losing consciousness if they don’t apply pressure?” asked defense attorneys.
“Right,” Caballer said.
He also said it was difficult to tell whether pressure was being applied or not at certain points in the video, and that during a struggle the placement of the arms can sometimes shift, affecting the trachea.
Caballer added that he couldn’t tell from the video whether Penny ever performed a “complete” blood or air choke.
Doctor from the medical examiner’s office takes a stand
Jurors too I saw Penny’s voluntary interview at the police stationwhere he told investigators he wasn’t trying to injure Neely, he was trying to avoid injuring anyone else. A detective testified that Penny did not know Neely had died when he gave that interview.
The doctor of the office of the medical examiner who performed Neely’s autopsy also took the stand. She said Neely suffered blunt force trauma to his face, neck, torso and arms in the form of abrasions and bruises. She ruled his cause of death was neck compression.
Testimonies will resume on Friday.
Alice Gainer
