New York Man on Trial for Fatal Chokehold on Homeless Man
Testimony Reveals Chokehold Technique
When Daniel Penny wrapped his arm around the neck of a homeless man on a Manhattan subway last year, the 25-year-old veteran appeared to be deploying a non-lethal chokehold long drilled into U.S. Marines.
Chokehold Technique Can be Fatal
Done right, the maneuver should knock a person out without killing them, according to Joseph Caballer, a combat instructor in the Marine Corps who trained Penny in several types of holds. But held too long, the technique can restrict the flow of blood to a person’s brain, ending their life in a matter of minutes.
Prosecutors Allege Indifference
Prosecutors allege that Penny "went way too far" in his attempt to restrain Neely, showing an "indifference" toward his life even after he had lost consciousness and stopped fighting back.
Defense Claims Self-Defense
Penny, an architecture student who served four years in the U.S. Marines, told police he was seeking to protect himself and other riders from a man who was acting erratically on the train and frightening riders with distressing comments. His attorneys have emphasized Neely’s previous arrests, along with his struggles with mental illness and drug use.
Witness Testimony
A bystander video of the encounter shows Penny with his bicep pressed across Neely’s neck and his other arm on top of his head, a position he held for close to six minutes, even after the man went limp.
Expert Testimony
Caballer, the combat instructor, testified that the technique – an apparent "blood choke" – can make a person feel like "trying to breathe through a crushed straw." In his own training sessions, Caballer recalled telling his fellow Marines: "You don’t want to keep holding on. This can result in actual injury or death."
Trial Continues
The trial is expected to continue with the city medical examiner, Dr. Cynthia Harris, expected to be the final witness called by prosecutors. It’s unclear whether Penny will take the stand.
Conclusion
The trial of Daniel Penny has raised questions about the use of force in self-defense and the response to crime and disorder in New York City’s transit system. The outcome of the trial will have significant implications for Penny and the city.
Frequently Asked Questions
Q: What is the charge against Daniel Penny?
A: Penny faces charges of manslaughter and criminally negligent homicide.
Q: What is the maximum sentence Penny could receive if convicted?
A: Up to 15 years in prison.
Q: What is the defense’s argument?
A: Penny’s attorneys claim he was acting in self-defense and that the city medical examiner’s finding that Neely died from the chokehold is incorrect.
Q: What is the prosecution’s argument?
A: Prosecutors allege that Penny used excessive force and showed indifference to Neely’s life after he lost consciousness.
