A Bronx man who assisted Daniel Penny in restraining Jordan Neely on a New York City subway testified Wednesday that he “jumped in and tried to help” to enable Penny to release his chokehold on Neely.
Eric Gonzalez, who was seen in video footage holding Neely by the wrist, testified at Penny’s manslaughter and negligent homicide trial. He said he boarded the subway at Broadway-Lafayette and saw Penny, a former Marine, holding Neely down with his legs around Neely’s waist and his arm around his neck. Gonzalez noted that he didn’t know why Penny was restraining Neely but heard people calling for police.
Gonzalez said he tried to get Penny’s attention by waving his hands and offered to help, saying, “I will grab his hands so you can let go,” in an effort to provide an alternative way to restrain Neely until police arrived.
When asked by prosecutor Dafna Yoran why he wanted Penny to release Neely’s neck, Gonzalez explained he was simply offering another option. He testified that he saw Neely’s body go limp and let go before Penny released him as well.
The testimony came in the trial’s fourth week. Penny has claimed he used the chokehold to protect subway riders, but prosecutors argued that Penny held on far too long, past the point where Neely posed any threat.