Shocking Testimony By Man Who Helped Daniel Penny Restrain Jordan Neely

A man who helped Daniel Penny restrain Jordan Neely admitted that he lied to prosecutors when he was first interviewed as a suspect in the case.
Penny, a 26-year-old former Marine, is charged with second-degree manslaughter and negligent homicide. He is accused of fatally choking 30-year-old Jordan Neely on a New York City subway in 2023. Neely, a well-known Michael Jackson impersonator, boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.
Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck.
Eric Gonzalez, a 39-year-old Bronx resident, testified in the trial on Tuesday under a non-prosecution agreement with the Manhattan District Attorney’s Office.
Gonzalez said he had told prosecutors that he arrived on the scene sooner than he actually did. He also said he falsely claimed that Neely hit him, which caused Penny to intervene. None of the witnesses who have testified so far have indicated that Neely touched anyone before Penny restrained him.
Gonzalez said he was scared he would get “pinned” for Neely’s death, so he told the lies to justify his actions.
He said he saw Penny holding Neely down when he got onto the subway.
“Everyone was frantic, saying, ‘Call the cops! Call the cops!'” Gonzalez said. “I figured one was trying to restrain the other until the cops came.”
Gonzalez said he “jumped in to try to help.” He said he told Penny that he could let go of Neely.
“There was another time where I said, ‘You can let go, I’m holding onto him,'” Gonzalez said.
Gonzalez said Neely tapped someone nearby and looked like he was trying to “escape.”
“He wanted to be released,” Gonzalez said.
Gonzalez said Penny continued to hold onto Neely, whose body eventually “went limp.” Gonzalez said he was “scared” to learn he was a suspect in the case.
“There’s all these protests going on. I’m scared for myself and for my family,” Gonzalez said.
Another witness who testified on Tuesday, Queens resident Derrick Clay, called 911 after watching the struggle between Penny and Neely. He said he told the operator that Neely “looked like he was asleep.”
The trial began with opening statements on November 1, after eight days of jury selection. Protesters have been camped outside of the courthouse yelling at Penny as he arrives for court each day.
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