A Marine Corps veteran who served with New York City subway strangler suspect Daniel Penny took the stand Thursday at his manslaughter trial in the death of Jordan Neely.
Joseph Cavaler, a former Marine Corps sergeant, said he taught Penny martial arts and described the “blood choke,” which is designed to compress the carotid artery and knock out an aggressor in a matter of seconds. . A few seconds during training. This is different from an “air choke,” which applies pressure to the attacker's Adam's apple and can be held for several minutes.
Prosecutors showed photos of the subway strangulation, and Cavalier said it looked like an attempted figure-four strangulation. But Cavalier said it was “possible” that Penny's arm was compressing Neely's windpipe.
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Attorneys Daniel Penny and Steve Riser appear in court on Thursday, November 14, 2024, at the New York Criminal Courts Building in Manhattan. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan. Neely on the New York City subway. (Adam Gray, Fox News Digital)
Under cross-examination by defense attorney Steven Reiser, Cabaret said he agreed that he could be placed in a chokehold for more than 13 seconds without losing consciousness if the person holding the chokehold was not applying pressure. said. He also said that Marines are not supposed to choke for more than five seconds during training, but that doesn't apply in the real world.
“Is there a reason why Mr. Penny appears to be completely strangling Mr. Neely's blood to render him unconscious?” asked Reiser, showing images from witness video.
“Not as far as I can see,” replied Mr. Cavaler.
Mr. Joseph Cavaler appears in Manhattan Supreme Court on Thursday, November 14, 2024 in New York City, New York. The 30-year-old former Marine testified today in the trial of Daniel Penny, who was strangled to death by Jordan Neely on the New York City subway. May 2023. (Adam Gray, Fox News Digital)
When asked if there was any reason why the hold should be completely lifted before Penny is 100% sure that Neely is no longer a threat, Cabaret said the decision is up to Penny.
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“If you lift the hold too soon, there could be a struggle and a fight,” he says.
After the video was played again, Cavalier said that in the beginning, Penny didn't seem to be applying as much pressure as he did at the 1:43 mark, when Neely started to struggle, but then he eased up again. .
Screenshot of bystander video showing Jordan Neely falling to the ground after Daniel Penny and Eric Gonzalez run away from him on a New York City subway train. (Luces de Nueva York/Juan Alberto Vazquez, via Storyful)
Under questioning from prosecutors, Cavalier recanted earlier communications in which he suggested Penny may have died from blood loss.
“Based on the assumption that he was applying pressure, it could have been some type of air choke,” he said, adding that air chokes are not taught in the Marine Corps.
“The training we teach can be modified based on the situation they are facing,” he later said.
After the start was delayed due to juror delays, jurors were shown a clip of body camera video that had been played earlier but could not hear the audio due to technical issues. In it, witnesses told police about Neely's aggressiveness and death threats.
This undated photo on Friday, May 12, 2023, provided by Mills & Edwards LLP in New York, shows Jordan Neely with his aunt Carolyn Neely. (Courtesy of Mills & Edwards, LLP, via AP)
“He said, like everyone, it was a tough day, he didn't care what happened today, he didn't care if he went to jail, but someone was going to die today,” the witness said. .
Another witness complained to responding officers about the delayed response, saying, “Guys, I called 911 and it took so long for them to come. He was trying to resist until they came, but they took a very long time.”
Screenshot of bystander video showing Jordan Neely being strangled on the New York City subway. As Neely resisted the headlock, witness Eric Gonzalez moved Neely's hands away. (Luces de Nueva York/Juan Alberto Vazquez, via Storyful)
“The guy got up and I saw he was about to hurt someone and I got up and stopped him,” the witness added of Penny. “And he was trying to restrain him until the police arrived.”
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Now in the sixth day of testimony, prosecutors have already called 31 people to the stand.
Thursday's hearing is expected to include testimony from the city medical examiner's office, the lead detective on the case and the Marine sergeant who trained Penny. The jury was also to watch a video of Penny's initial interrogation.
On Tuesday, a man who appeared on video helping Penny subdue Neely testified.
Eric Gonzalez, who was granted immunity from prosecution in exchange for his testimony, said in court that at one point Penny didn't hug Neely tightly enough and that he felt a pulse when they finally let go. , and said he was lying at first. To the investigators.
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Penny is fighting charges of manslaughter and manslaughter. If convicted, he faces up to 19 years in prison.
