NEW YORK — A subway passenger provided testimony in court regarding the actions taken during a heated incident on a Manhattan subway last year, where he assisted an ex-Marine in restraining an upset individual. On Tuesday, Eric Gonzalez described the scene he witnessed, involving Daniel Penny and the distressed man, Jordan Neely, who was being held in a chokehold.
Gonzalez conveyed to the jury his attempts to get Penny to ease his grip around Neely’s neck after jumping into the fray. He stated, “I made my presence known to Daniel Penny. I said, ‘I’m going to grab his hands so you can let go.’” Penny faces charges of manslaughter in connection with the death of Neely, a 30-year-old who was experiencing homelessness. Prosecutors allege that Penny showed “indifference” towards Neely’s life by maintaining the chokehold for nearly six minutes.
On the other hand, Penny’s defense attorneys argue that their client acted to protect himself and other passengers from Neely, describing him as a “seething, psychotic” individual who was shouting and expressing suicidal thoughts before Penny intervened. However, Gonzalez, who works as a casino manager and takes the subway daily, stated that he was unaware of Neely’s prior behavior when he decided to intervene. He expressed his intentions to de-escalate the situation by suggesting that Penny let go of Neely, saying, “Let him go, get your arm away from his neck.”
During the proceedings, jurors were shown a slowed-down video of the altercation, where it appeared that Gonzalez was communicating with Penny. While Penny continued to apply pressure, Gonzalez maintained his hold on Neely’s arms, stating, “Jordan Neely’s body goes limp and I let go and shortly after Daniel Penny lets go.” After that, he checked Neely’s pulse and attempted to place him in a recovery position before exiting the scene.
During cross-examination, defense lawyers tried to undermine Gonzalez’s credibility by highlighting that he had been absolved of any legal repercussions for his actions since prosecutors chose not to charge him. They pointed out the inconsistencies in his statements, noting that he had initially claimed Neely had attacked him, despite surveillance footage showing him not being present in the train car at the onset of the confrontation. “I was trying to justify my actions for having my hands on him,” Gonzalez admitted.
Throughout the trial, Penny maintained a straight posture while focusing ahead during video playback. Family members of Neely, including his father, were present in the courtroom, with the father visibly distressed during the proceedings. This trial has brought significant attention to the issues of public safety and disorder in city transit systems, revealing deep divisions among New Yorkers, often along political lines.
Penny, who is white, has garnered attention among right-wing groups, while Neely, who was Black, has become emblematic in discussions on racial justice, particularly surrounding protests that have occurred outside the lower Manhattan courthouse. During his testimony, Gonzalez shared that he was conscious of the case’s public impact and expressed his concerns for his own safety and that of his family, stating, “There are all these protests going on, I’m scared for myself, I’m scared for my family.”