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 involvement 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 placing him in a chokehold for nearly six minutes.

Gonzalez was one of two men who held Neely down on the ground while Penny held on to him.

The medical examiner ruled the death a homicide caused by neck compression. Penny was indicted in June 2023 on manslaughter charges.

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When interviewed by police and prosecutors, Gonzalez stated that Neely had attempted to assault him. That prompted him to join in the restraining of Neely.

However, Gonzalez testified under oath that he lied because he was afraid of being charged in connection with Neely’s death.

When asked by Assistant District Attorney Dafna Yoran why he lied, Gonzalez replied, “I was trying to justify my actions for having my hands on him.”

He also stated that he was concerned about the public’s attention on the case; several minutes of the incident were captured on video, which went viral and sparked widespread protest.

Gonzalez testified that he feared “public persecution,” saying, “I’m scared for myself. “I’m afraid for my family.”

When confronted with surveillance video from the subway station, Gonzalez admitted that he could not have been on the same subway train as Neely and Penny before the attempt to restrain him began.

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

“Let him go, and get your arm away from his neck,” he remembered telling Penny. He also stated that he intended to hold Neely’s hands to keep him restrained.

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