Eric Gonzalez, the man seen on video assisting Daniel Petty in restraining Jordan Neely on a New York subway last year, took the stand Tuesday in Penny’s ongoing trial.
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Penny is facing charges of second-degree manslaughter and criminally negligent homicide in connection with Neely’s death, which occurred when Penny placed him in a chokehold on May 1, 2023. According to CBS New York, prosecutors acknowledged that Penny’s intentions were protective, but they argued that he used excessive force. Gonzalez, who was not on the train when Neely allegedly began shouting threats, entered the subway car at the Broadway-Lafayette station and saw Penny restraining Neely on the floor.
Gonzalez recalled that Neely signaled he wanted to be let go; however, Gonzalez responded, “We’re not going to let you go until the cops arrive.” He testified that Neely’s body eventually went limp, and soon after, Penny followed suit. Gonzalez stated he checked for a pulse and then left, expressing that he was “scared that a person could die.” His testimony revealed that he initially lied to prosecutors about his involvement because he feared potential legal repercussions and concerns for his safety due to the protests. He falsely claimed that Neely had attacked him.
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“There’s all these protests going on. I’m scared for myself, scared for my family,”
Gonzalez was granted immunity in exchange for his testimony, and other witnesses took the stand.
