(NEW YORK) — A Bronx man who helped Daniel Penny restrain Jordan Neely on a New York City subway car last year ”jumped in and tried to help” so Penny could release his chokehold, according to the man’s testimony Wednesday at Penny’s manslaughter and negligent homicide trial.
Eric Gonzalez, who is seen on video holding Neely by the wrist, boarded the subway at Broadway-Lafayette and noticed Penny holding down Neely “with his legs around his waist and his arm around his neck.”
Gonzalez testified he did not know why Penny, a former Marine, was restraining Neely but he heard people yelling for police to be called. He also said he noticed “Jordan Neely’s clothing was that of a vagrant, as if he was homeless, dirty, ripped off.”
Gonzalez said he waved his hands in front of Penny’s face to get his attention.
“I said, ‘I will grab his hands so you can let go,’” Gonzalez told the jury. “Just giving him a different option to hold his arm — well, to restrain him until the police came.”
Asked by prosecutor Dafna Yoran to clarify, Gonzalez said: “If I held his arm down, he could let go of his neck.”
“And why is it you wanted him to let go of his neck?” Yoran asked. “Didn’t think anything at the moment. I was just giving him an alternative to let him go,” Gonzalez responded.
The testimony came as the trial entered a fourth week. Penny has said he put Neely in the chokehold to protect subway riders.
Prosecutors said it would have been “laudable” except Penny held on too long, well past the point when Neely posed any kind of threat.
Gonzalez said he saw Neely’s body go limp and let go of him before Penny did the same.
“I tried to shake Jordan Neely to get a response out of him, feel for a pulse, and then I walked away,” Gonzalez said.
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