NEW YORK — The man seen on video last year helping Daniel Penny stop Jordan Neely on the subway took the stand Tuesday on day five of testimony in Penny’s trial.
Penny has pleaded not guilty to second-degree manslaughter and negligent homicide in Neely’s death.
Prosecutors say Penny’s intentions were good, but argue he used excessive force. The defense says Penny was trying to protect train passengers.
“Jordan Neely’s body goes limp and I let go”
Eric Gonzalez was not aboard the F train when witnesses say an enraged Neely screamed on May 1, 2023. Gonzalez was at the Broadway-Lafayette station when he boarded the stopped train and saw the men on the ground.
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 going to grab his hands so you can let them go.'”
Video shows Gonzalez grabbing Neely’s arm. Penny, who was holding Neely down, wouldn’t let go.
Gonzalez testified that Neely tapped someone who indicated he wanted to be released, at which point Gonzalez told the jury, “We’re not letting you go until the police arrive.” Gonzalez added, “At some point, Jordan Neely’s body goes limp and I let go.”
Then he tells Penny to let go.
Gonzalez says he laid Neely on his side, checked and found a pulse, then left because he was “afraid … that someone might die.”
Witness says he lied to prosecutors about meeting with Neely
After learning of Neely’s death and seeing his photo linked to the incident, Gonzalez went into hiding, fearing he would be prosecuted.
Gonzalez explained that he even lied to prosecutors when he first met them about being on the F train when the incident began, making up a story that Neely attacked him so he could justify his actions.
“There are all these protests going on. I’m scared for myself, scared for my family,” Gonzalez said.
Gonzalez was given immunity.
Another passenger, a police officer and a responding EMT also took the stand Tuesday.
The trial will resume on Thursday.
