A subway commuter who assisted an ex-Marine in restraining an agitated man testified on Tuesday that he urged the veteran to release the chokehold around the man’s neck during the altercation.
Eric Gonzalez recalled seeing the chaotic scene unfold aboard a Manhattan subway train in May 2023, where Daniel Penny had already pinned Jordan Neely to the floor in a chokehold. Gonzalez, a daily subway rider, said he approached Penny and suggested, “I’m going to grab his hands so you can let go.” He further testified that he told Penny, “Let him go, get your arm away from his neck,” in an effort to de-escalate the situation. Neely, a homeless 30-year-old man, died after being held in a chokehold for nearly six minutes.
Penny faces manslaughter charges in Neely’s death, with prosecutors alleging that Penny acted with indifference to Neely’s life. Defense attorneys, however, argue Penny was attempting to protect himself and other riders from Neely, who had been shouting and making alarming statements prior to the confrontation. Gonzalez, who had no knowledge of Neely’s prior behavior, said he only wanted to help by offering an alternative to continuing the chokehold. As the altercation continued, Gonzalez held Neely’s arms while Penny kept him in the chokehold until Neely’s body went limp.
Defense attorneys challenged Gonzalez’s credibility, noting discrepancies in his previous statements and suggesting he was attempting to justify his involvement. The trial, which has sparked debate over public safety and racial issues, continues to draw significant attention in New York City.
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