(NewsNation) — In the trial of Daniel Penny, a man accused of killing a man experiencing homelessness and mental illness on the New York City subway, jurors are hearing from experts on chokeholds following an admission from a key witness that he lied to police.
In the fourth week of the trial, court was delayed Thursday because a juror was late. Once the trial began, an expert on chokeholds was called to testify.
The testimony followed a major turn in the case Wednesday when key witness Eric Gonzales admitted that he lied when he first spoke to police about what happened the day Neely died.
Witnesses reported Neely was on the train yelling about being hungry and needing a job. Some reported being afraid and described Neely’s behavior as threatening. Most witnesses did not describe Neely actually attacking anyone.
Originally, Gonzales, who helped Penny hold Neely down, told investigators he got to the scene before the chokehold began and that he saw Neely hit Penny.
In reality, Gonzales got on the train after Penny already had Neely in a chokehold.
Jurors heard Gonzales testify that he grabbed Neely’s hands so Penny could let go of the chokehold to help restrain Neely until police arrived.
Gonzales said he was worried he would get charged with murder, but a deal with the district attorney’s office means he won’t face charges.
Last week, jurors also saw bodycam footage where two witnesses were essentially defending Penny’s actions.
Penny, a former Marine, has told police he only intended to keep Neely from harming others.
Prosecutors say Penny, who is being charged with manslaughter, went too far and, because of his military training, was aware that continuing to choke Neely after he passed out could lead to his death.
