Alvin Bragg's prosecution of Daniel Penny resulted in witness lying to DA's office

Manhattan District Attorney Alvin Bragg's case against Daniel Penny in the death of Jordan Neely continues, revealing how the soft-on-crime DA's decision to go after Penny for protecting subway riders caused witnesses to go into self-preservation mode.

Eric Gonzalez, who helped Penny restrain Neely after Neely made death threats on a New York City subway last year, testified for the prosecution on Tuesday that he lied when he was initially interviewed by the Manhattan District Attorney's Office as a suspect in Neely's death, the New York Post reported.

'I’ve seen a lot of unstable people. This felt different to me.'

Gonzalez said he lied out of fear of being "pinned for" Neely's death, telling the DA's office he arrived on the scene earlier than he actually did and claiming that Neely had hit him, prompting Penny to act. Neely did not physically touch anyone prior to Penny restraining him, according to witnesses. The lies were an attempt at "justifying my actions," Gonzalez said.

On account of his initial false statements, Gonzalez entered a non-prosecution agreement with Bragg's office.

Gonzalez further testified he told Penny he would grab hold of Neely's hands and that Penny should let him go, but Penny did not let go even as Neely motioned to be released.

Gonzalez also expressed concerns regarding his role in the trial. "There’s all these protests going on. I’m scared for myself and for my family," he explained on the stand.

On Tuesday, jurors were also shown a frame-by-frame video of Penny's hold on Neely.

“You will see Mr. Neely’s life being snuffed out before your very eyes,” Assistant District Attorney Dafna Yoran said during opening statements.

More police body-camera footage from the day of the incident shows witnesses praising Penny for his actions to keep people on the subway car safe.

"The guy in the tan [Penny] did take him down really respectfully. ... He didn't choke him," a woman told officers.

Witnesses for the prosecution, many of whom have been subway riders for many years, testified that they have never been more scared for their lives than when Neely began threatening them.

“No, I did not feel safe when he was moving around erratically. I’ve taken the subway for 30 years, and I’ve seen a lot. I’ve seen a lot of unstable people. This felt different to me," Lori Sitro said last week.

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