A key witness in the manslaughter trial of Marine veteran Daniel Penny revealed unexpected testimony about the fatal subway incident involving Jordan Neely.
According to Fox News, Eric Gonzales, who helped restrain Neely during the confrontation, admitted to lying in his initial statements to the Manhattan District Attorney's office.
Gonzales, a 39-year-old father of two, secured immunity from prosecution in exchange for his testimony. He disclosed that he fabricated parts of his original account to investigators, including claims about being present at the beginning of the incident and being struck by Neely.
David Gelman, a Philadelphia-area defense attorney following the case, emphasized the significance of Gonzales's credibility issues. The witness's changing narrative could potentially impact the prosecution's case against Penny, who faces up to 19 years in prison if convicted of manslaughter and criminally negligent homicide.
Gonzales testified that he arrived after Penny had already restrained Neely, contrary to his initial statement to investigators. He described a chaotic scene where passengers were frantically calling for police assistance. Upon joining the situation, he helped control Neely's arms while Penny maintained his hold.
The witness recounted making comments about Penny's restraint technique, including a statement that the Marine veteran wasn't holding tight enough. He later explained this comment was meant to silence another passenger who was providing commentary via FaceTime.
Louis Gelormino, a Staten Island defense lawyer familiar with presiding Judge Maxwell Wiley, highlighted how witnesses who provide inconsistent statements typically face credibility challenges during trials. The defense team can potentially use these inconsistencies to their advantage.
The prosecution's case has faced additional challenges beyond witness credibility. Penny's defense team has repeatedly objected to attempts to introduce racial elements into the trial, even moving for a mistrial and requesting the removal of testimony from what they termed a "biased" witness.
Gonzales expressed ongoing concerns about testifying despite the immunity agreement. He voiced fears about potential harm to himself or his family if his testimony appeared favorable to Penny.
Witnesses described how Neely had entered the subway car aggressively, throwing his jacket and making threatening gestures. Several passengers reported he had raised his fists and issued death threats before the altercation began.
During his testimony, Gonzales detailed the sequence of events after he joined the restraint effort. He told the court that Neely continued struggling while being held down, and he remembered telling Penny they wouldn't release him until police arrived.
The medical response became necessary when Neely became unresponsive. Gonzales testified to checking for a pulse before stepping away from the scene. He later learned about Neely's death through newspaper coverage the following morning, which prompted him to take vacation time and go "into hiding."
The trial continues as prosecutors pursue manslaughter charges against Penny while defense attorneys challenge the prosecution's narrative and witness testimony. The case has drawn significant attention for its implications regarding public safety and the use of force in civilian interventions.
