‘I was trying to justify my actions’: Key witness who held down subway performer killed by fatal chokehold admits lying to police about being attacked

Eric Gonzalez, who helped accused killer Daniel Penny restrain Jordan Neely on a New York City subway in 2023, testified in court on Tuesday that he lied to police about his role in the fatal incident.

In May 2023, Penny, a former Marine, attempted to subdue Neely, a 30-year-old street performer who was allegedly acting erratically, by putting him in a chokehold for almost six minutes. Gonzalez was one of two other men who held Neely down on the ground while Penny held onto him.

The medical examiner ruled the manner of death as a homicide, caused by compression of the neck. Penny was indicted in June 2023 and charged with manslaughter.

When Gonzalez was interviewed by police and prosecutors, he told them that Neely had tried to assault him. That was what prompted him to join in on restraining Neely. However, Gonzalez testified under oath that he lied because he was afraid of facing charges related to Neely’s death. When asked by Assistant District Attorney Dafna Yoran why he lied, Gonzalez said: “I was trying to justify my actions for me having my hands on him.”

He also explained that he was afraid of the public attention on the case; several minutes of the incident was captured on video and went viral and inspired mass protests. Gonzalez testified that he feared “public persecution,” adding: “I’m scared for myself. I’m scared for my family.”

Gonzalez came clean when he was confronted by surveillance video from the subway station that showed that he could not have been on the same subway train as Neely and Penny before the attempt to restrain him started.

Gonzalez also testified that he told Penny to ease up on Neely.

“Let him go, get your arm away from his neck,” he recalled telling Penny. He also said he had intended to hold onto Neely’s hands to keep him restrained.

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