Marine vet whose testimony suggested Daniel Penny misused potentially lethal chokehold backtracks during examination: report

On Thursday, a US Marine Corps veteran testified in Manhattan court in the manslaughter trial of Daniel Penny, who is accused of killing erratic homeless man Jordan Neely via chokehold on a NYC subway in May 2023. Joseph Caballer, a former Marine sergeant who served alongside Penny, initially suggested that Penny could have misused a “blood choke” a defense method he said is intended to quickly incapacitate an aggressor by applying pressure to the carotid artery.  

If used for too long the maneuver can be lethal, and Caballer said that Marines are instructed not to use it for more than five seconds in training. However, after more examination he backed off the suggestion, and said, “It could have been some kind of air choke” instead of a blood choke, per Fox News.  

A “blood choke” is distinctly different from an "air choke," which is capable of maintaining pressure on the aggressor's Adam's apple for several minutes, per the oultet. During initial testimony, prosecutors presented a photograph of Penny conducting the chokehold, and Caballer testified that it appeared to be an attempt at a figure-four blood choke, but suggested that Penny's arm "could be" exerting pressure on Neely's trachea instead for an air choke, the outlet reported. 

During cross-examination from the defense, attorney Steven Raiser asked Caballer: "Is there any point Mr. Penny appears to be applying a blood choke fully for Mr. Neely to go unconscious?" 

"Not from what I can see," Caballer replied. 

When questioned if there was a reason the defendant should have released the chokehold, Caballer responded that it was up to Penny's discretion to do so. "If you release the hold too soon, there could be struggling, fighting," he said. 

The court received video evidence of the chokehold incident and Caballer testified that Penny appeared to loosen his grip when Neely began to struggle. 

Caballer told prosecutors in redirect examination that after reviewing the video that it appeared Penny was not using a "blood choke," and backtracked his suggestion that it was a botched blood choke from when he was shown photos. He said, "It could have been some kind of air choke," explaining that Marines don't teach that style. "The training we teach can be modified based on the situation that they're facing," Caballer said. 

Prosecutors have already called 31 people to the stand. Many witnesses have testified that they considered Jordan Neely to be an active threat at the time, alleging that Neely had violently threatened people on the train, telling riders, "Someone's dying today." Police bodycam footage shown in court revealed that officers located a pulse on Neely after arriving on the scene. 

Penny is fighting criminally negligent homicide and manslaughter charges. If found guilty of manslaughter, the more serious charge, he could spend up to 15 years behind bars.