Man who helped Daniel Penny restrain Jordan Neely takes stand in NYC subway chokehold death trial
NEW YORK — The man seen on video helping Daniel Penny restrain Jordan Neely on board the subway last year took the stand Tuesday on day five of witness testimony in Penny's trial.
Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in Neely's chokehold death.
Prosecutors say Penny's intentions were good but argue he used excessive force. The defense says Penny was trying to protect train riders.
"Jordan Neely's body goes limp, and I let go"
Eric Gonzalez wasn't onboard the F train when witnesses say an irate Neely entered yelling threats on May 1, 2023. Gonzalez was in the Broadway-Lafayette station when he entered the stopped train and saw the men on the floor.
He said he waved his hand to get Penny's attention to let him know he was there to help, telling jurors, "I said, 'I'm gonna grab his hands so you can let go.'"
Video shows Gonzalez grab Neely's arm. Penny, who was restraining Neely, did not let go.
Gonzalez testified Neely tapped someone indicating he wanted to be released, to which Gonzalez told the jury he said, "We're not going to let you go until cops arrive." Gonzalez added, "At some point, Jordan Neely's body goes limp and I let go."
Then he says Penny let go.
Gonzalez says he put Neely on his side, checked and found a pulse then left because he was "scared ... that a person could die."
Witness says he lied to prosecutors about Neely encounter
After learning Neely had died and seeing his picture associated with the incident, Gonzalez went into hiding, fearful he'd be prosecuted.
Gonzalez explained he even lied to prosecutors when he first met them about being on the F train when the incident began, concocting a story that Neely attacked him so that he could justify his actions.
"There's all these protests going on. I'm scared for myself, scared for my family," Gonzalez said.
Gonzalez was given immunity.
Another passenger, police officer and a responding EMT also took the stand Tuesday.
The trial resumes Thursday.
