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Marine Veteran On Trial For Fatal Subway Chokehold

Daniel Penny arrives at the court after break in New York, Tuesday, Nov. 12, 2024. (AP Photo/Yuki Iwamura)

A trial in Manhattan has brought to light the tragic death of a homeless man last year at the hands of a 25-year-old U.S. Marine veteran. The incident occurred when the veteran, Daniel Penny, used a combat technique that he had learned in the Marines to subdue the homeless man, Jordan Neely, who was known for his struggles with mental illness and drug use.

According to testimony from Penny's martial arts instructor, Joseph Caballer, Penny applied a chokehold on Neely, which is a non-lethal maneuver taught to Marines for subduing aggressors. However, Penny failed to release the hold even after Neely appeared to lose consciousness, turning the situation potentially deadly.

Video evidence presented in court showed Penny maintaining the chokehold for close to six minutes, despite Neely going limp. Caballer emphasized that once a person is rendered unconscious, the hold should be released to prevent injury or death.

Penny's defense argues that he was attempting to restrain Neely with a headlock and did not apply excessive force. They have also questioned the city medical examiner's conclusion that Neely died from the chokehold, pointing to his underlying health issues and drug use as contributing factors.

The trial has sparked public debate, with racial justice protesters condemning Penny's actions as an overreaction to a Black man in distress, while conservatives view him as a hero who used his military training to protect others. The case has highlighted the challenges faced by law enforcement in responding to incidents involving mental health crises in public spaces.

As the trial continues, the testimony of witnesses like Caballer sheds light on the complexities of the case and the legal implications of using force in self-defense situations. The outcome of the trial will have far-reaching implications for how similar incidents are handled in the future.

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