As the trial approaches for Daniel Penny, a former Marine accused of fatally choking a homeless man on a New York City subway, experts in the use of force discuss the science behind chokeholds and how each side may present its case to the jury. The incident in question involved 25-year-old Penny allegedly placing a chokehold on 30-year-old Jordan Neely, resulting in Neely’s death. Dr. John R. Black, a retired police lieutenant, emphasized the need to understand the decision-making process and evidence surrounding such tragic events before passing judgment. It was determined that Neely’s death was due to compression of the neck.
Black explained the purpose of chokeholds, specifically the lateral vascular neck restraint (LVNR), which aims to cut off blood flow to the brain causing unconsciousness. Jamie Borden, a police veteran, detailed how this restraint is used by law enforcement to safely control violent individuals. There are different types of chokeholds, including those intended to shut down the airway, which can have damaging effects. Public response to incidents involving chokeholds has led to their prohibition in some police departments, despite being widely utilized and typically non-lethal in various settings.
The increased risk associated with civilians using restraints was discussed, as it is unclear what training they have received in the proper application of such techniques. Black questioned Penny’s decision to employ a chokehold on Neely in a subway setting, highlighting the unfamiliar environment compared to where such maneuvers are typically used. Prosecutors are expected to focus on the perceived severity of the threat posed by Neely and the level of force used by Penny in response. The defense will likely argue that Penny acted in self-defense and used a proportional level of force in the situation.
The trial, set to commence on October 21, will determine Penny’s fate, with charges of second-degree manslaughter and negligent homicide potentially leading to a lengthy prison sentence. Despite the conflicting arguments presented by the prosecution and defense, both sides may have valid points based on the physical evidence gathered in the case. Penny is currently out on bail as he awaits his day in court, while experts continue to analyze the details of the incident and the legal implications surrounding the use of force in such situations. The tragic outcome serves as a stark reminder of the consequences of actions taken in high-stress situations.
