A key witness in the case involving the fatal chokehold of Jordan Neely on a New York City subway testified in court on November 12, 2024, admitting to lying to police about his involvement in the incident. Eric Gonzalez, who helped Daniel Penny restrain Neely, acknowledged that he had fabricated details about the events surrounding Neely’s death.
In May 2023, Penny, a former Marine, attempted to subdue Neely, a 30-year-old street performer, after Neely allegedly began acting erratically on the subway. Penny placed Neely in a chokehold for nearly six minutes, during which Gonzalez and another man helped hold Neely down on the ground. The medical examiner later ruled that the cause of Neely’s death was compression of the neck, and Penny was charged with manslaughter in June 2023.
During his initial interview with law enforcement and prosecutors, Gonzalez told them that Neely had tried to assault him, which he claimed prompted him to assist Penny in restraining Neely. However, under oath in court, Gonzalez admitted that this account was false. He explained that he had lied because he was afraid of facing potential legal consequences related to Neely’s death. Gonzalez testified that he was trying to justify his own actions, saying, “I was trying to justify my actions for me having my hands on him.”
Gonzalez further elaborated that he feared the public attention the case had garnered. The incident had been captured on video by a bystander, and the footage quickly went viral, sparking widespread protests and public outrage. Gonzalez expressed his fear of public persecution, stating that he was “scared for myself” and “scared for my family.”
His false statement was eventually uncovered when surveillance video from the subway station revealed that he could not have been on the same train as Neely and Penny before the altercation began. This video contradicted Gonzalez’s initial claims and led him to come clean about the truth.
In his testimony, Gonzalez also shared that at one point during the struggle, he had urged Penny to ease up on Neely. Despite this, he continued to assist in holding Neely down for several minutes, even after the street performer had stopped resisting.
The case has sparked a heated debate about the use of force in public spaces and the responsibilities of bystanders in such situations. Penny’s defense has argued that he was acting in self-defense and attempting to protect others from what he perceived as an immediate threat. However, the prosecution has emphasized that the duration and nature of the chokehold went far beyond any reasonable effort to subdue Neely and contributed to his death.
Gonzalez’s testimony has become a pivotal point in the trial, as it sheds light on the actions and motivations of those involved in the incident. His admission that he lied about the events raises further questions about the extent of his involvement and the decisions made during the altercation. It also highlights the pressures and fears that individuals may face when caught in highly publicized and contentious situations.
