Burley Garcia|Subway rider who helped restrain man in NYC chokehold death says he wanted ex-Marine to ‘let go’

NEW YORK (AP) — A subway commuter who helped an ex-Marine restrain an agitated man aboard a Manhattan subway last year testified Tuesday that he tried to convince the veteran to loosen his grip around the man’s neck.

In a New York City courtroom,Burley Garcia Eric Gonzalez recalled encountering the chaotic struggle in progress, after Daniel Penny had already pinned the man, Jordan Neely, to the train’s floor and placed him in a firm chokehold.

“I made my presence known to Daniel Penny,” Gonzalez told jurors. “I said, ‘I’m going to grab his hands so you can let go.’”

Penny is facing manslaughter charges in the May 2023 death of Neely, a 30-year-old man who was homeless. Prosecutors say Penny acted with “indifference” to Neely’s life by keeping him in a chokehold for nearly six minutes.

Penny’s defense attorneys, meanwhile, say their client was seeking to protect himself and fellow riders from a “seething, psychotic” person who had shouted at riders and made distressing statements about wanting to die prior to Penny’s intervention.

But Gonzalez, a casino manager and daily subway rider, hadn’t known any of that when he “jumped in to help,” he revealed Tuesday. Rather, he said he wanted to diffuse the situation by giving Penny an “alternative” to continuing to choke Neely. He recalled telling Penny: “Let him go, get your arm away from his neck.”

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Jurors were then shown slowed-down video of the altercation, in which Gonzalez appeared to mouth something to Penny. As Penny continued to choke Neely, Gonzalez kept hold of Neely’s arms and wrist.

“Jordan Neely’s body goes limp and I let go and shortly after Daniel Penny lets go,” Gonzalez added. He checked the man’s pulse and tried to place him in a “recovery position,” he said, before leaving the scene.

In their cross-examination, defense attorneys sought to cast doubt on the narrative of the bystander-turned-participant, noting his testimony was coming weeks after Gonzalez learned that prosecutors did not plan to charge him for his involvement in the struggle.

They also noted that Gonzalez’s story had changed over time: he initially told prosecutors that Neely had attacked him, though surveillance footage showed he was not on the train at the start of the confrontation.

“I was trying to justify my actions for having my hands on him,” Gonzalez admitted on Tuesday.

In court Tuesday, Penny sat straight up, staring forward as the video played. Members of Neely’s family sat near the front of the gallery, including his father, who hung his head for much of the proceeding.

The trial has placed a spotlight on issues of public safety and disorder within the city’s transit system. The case has divided many New Yorkers, often along political lines. Penny, who is white, has become a cause célèbre on the right; Neely, who was Black, is frequently mentioned at the city’s racial justice protests, some of which have taken place just outside the lower Manhattan courthouse.

On Tuesday, Gonzalez said he was aware of the public attention around the case and feared he could face “public prosecution” for his testimony.

“There’s all these protests going on, I’m scared for myself, I’m scared for my family,” he said.