Northeast
Daniel Penny trial: Key witness in Marine vet chokehold case admits he lied
The subway rider seen on video helping Marine vet Daniel Penny hold down Jordan Neely after an outburst on a Manhattan train took the witness stand and revealed he lied to District Attorney Alvin Bragg’s office when investigators first interviewed him.
Eric Gonzales, a 39-year-old father of two, gave testimony during Penny’s trial Tuesday after prosecutors agreed not to charge him in exchange for testifying in Penny’s manslaughter trial, telling the court he said aloud that the former serviceman was not squeezing “tight enough” during the altercation.
“He’s their main witness, and his credibility was shot after being confronted with this,” said David Gelman, a Philadelphia-area defense attorney and former prosecutor who has been closely following the case.
Although he initially gave detectives a different story, he arrived after Penny had already taken Neely down.
DANIEL PENNY THOUGHT HE WAS PROTECTING A DIVERSE SUBWAY CAR, BUT PROSECUTORS HIGHLIGHT RACIAL UNDERTONES
Daniel Penny arrives at the court after a break in New York City on Tuesday, Nov. 12, 2024. (AP Photo/Yuki Iwamura)
“Everybody was frantic and saying, call the cops, call the cops,’” Gonzales said. “I see those two individuals on the floor, so I assumed one was trying to restrain the other until the cops came.”
Gonzales’ evolving story could be fodder for the defense, according to experts.
“Any witness that lies, at any time during the case, loses credibility and a good defense attorney will exploit that,” said Louis Gelormino, a Staten Island defense lawyer who has tried two cases in front of Judge Maxwell Wiley, who is overseeing the Penny trial.
Neely barged onto the train, threw his jacket on the floor, raised his fists and started making death threats, according to witnesses.
Gonzales said that when he arrived on the scene, he waved his hand in front of Penny’s face to let him know he was jumping in to help and then grabbed Neely’s arms and held them.
Screenshot from bystander video showing Jordan Neely on the ground after Daniel Penny and Eric Gonzales let go of him on a New York City subway car. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
“I said I was gonna grab his hands so you can let go, giving him a different option to restrain him until police came,” he testified. “If I held his arms down he could let go of his neck. I didn’t think anything of it at the moment, I was just giving him an alternative.”
Neely continued to struggle, but the two continued to hold him down, waiting for the police. Gonzales said he did urge Penny to loosen his grip but later told him to grab tighter.
JUDGE DENIES MARINE VET DANIEL PENNY’S MOTION FOR MISTRIAL IN SUBWAY CHOKE HOLD CASE DESPITE ‘BIAS’
“Jordan Neely tapped on another individual who was kneeling by Penny’s head saying to let him go, he wanted to be released,” Gonzales said. “I told him, ‘We’re not gonna let you go.’”
Bystander video that prosecutors played in court shows Gonzales telling Neely, “We’re not gonna let you go until the cops arrive.”
As the three struggled on the floor, Gonzales said another rider was delivering commentary on a FaceTime call.
WATCH: Defense attorney breaks down Marine vet’s motion for a mistrial in subway chokehold death
“We were struggling at the time, and I see an individual who was FaceTiming with his wife saying something along the lines of if he has a poop stain on him that means he’s gonna die or pass out,” Gonzales testified.
DANIEL PENNY TRIAL: SUBWAY MADMAN RAISED FISTS BEFORE MARINE VET’S DEADLY CHOKEHOLD, WITNESS TESTIFIES
Other witnesses previously described how Neely “smelled like soiled sweatpants” when he barged into the train and started making threats. Gonazles said he acknowledged a brown stain on his pants – but “it was old.”
“It was a dry stain he had on his pants,” he said.
He said he was frustrated with the FaceTimer because he was talking but not helping.
“I was doing everything possible to basically shut him up,” he said. “At one point he was telling Daniel Penny not to hold too tight or said he was holding too tight. To try to dismiss him and shut him up, I said that Penny wasn’t holding on tight enough.”
This image from body camera video provided by New York City Police Department, Daniel Penny, left, looks on in a New York City subway car as officers attempt to revive Jordan Neely on May 5, 2023. (New York City Police Department via AP)
Under cross-examination, Gonzales said he originally told prosecutors that when he said Penny was not squeezing hard enough, he saw a gap between his arm and Neely’s chin, and Penny’s arm was on his chest, not around his throat.
He said part of the concern as the two held Neely down was that he might “fight or escape” before police arrived. He remembered telling detectives that Penny was restraining but not choking Neely, but on the stand backtracked and said he had only made “an assumption” and that Penny’s arm was “against his neck.”
At some point, Neely went limp, and he let go. Penny let go shortly thereafter, Gonzales testified. He said he checked for a pulse and found one before stepping away.
TEEN WITNESS TO JORDAN NEELY CHOKE HOLD TESTIFIES SHE WAS ‘SCARED’ BY HIS SHOUTING, WANTED TO ‘GET AWAY’
This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)
He left and continued his workday and learned of Neely’s death in a newspaper the following morning, when a coworker showed him he was in a photo at the scene.
“I took all my vacation time – I went into hiding in other words,” Gonzales said.
Police found him about a week after the incident, and he then met with an assistant district attorney (ADA). He testified that he remembered being scared about “getting pinned for a murder charge.”
Then, he said, he lied to prosecutors, telling them he arrived at the altercation earlier than he really did and that Neely hit him first.
PROTESTERS ACCUSE MARINE VET OF WHITE SUPREMACY AS JURY SELECTION BEGINS IN SUBWAY VIGILANTE CASE
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. As Neely struggled against the headlock, witness Eric Gonzales held Neely’s hands away. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
“I fabricated a story to the ADA – I lied to the ADA,” he said. “I told the ADA that as things were transpiring, [that] I was there on-site when everything went down. I told the ADA that Neely had struck me first, and then everything went down.”
However, prosecutors already had photos of him at a turnstile at the time Penny first grabbed Neely.
“I saw a still photo of me just finishing swiping my Metro card at the time,” he said.
During this interview, he also told prosecutors that he asked Neely if he was OK after letting go, and Neely said yes.
Prosecutors later offered him immunity in exchange for testifying against Penny, he said.
The defense asked the court about investigators’ notes during the Gonzales interview, saying only a few had been provided in discovery. Prosecutors claimed they had turned over everything they had.
Gonzales also said he’s still scared about testifying despite the prosecution’s immunity offer – saying he believes he or his family could be harmed if he testifies in favor of Penny.
“The DA is making this a race case,” Gelman said. “So they are thinking, OK we know there are issues here including weak witnesses and others who are contradicting the DA narrative, but the person who died is Black because of a White man. We will roll the dice.”
Penny faces up to 19 years in prison if convicted of manslaughter and criminally negligent homicide.
He is not accused of murder or a hate crime – but his defense team repeatedly objected to the prosecution’s attempts to highlight racial undertones in the case last week, moving to declare a mistrial and asking the judge to strike testimony from a “biased” witness.
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Maine
Keep Maine beautiful by protecting, investing in our public lands | Opinion
David Heidrich lives in Augusta.
From the cliffs of Acadia to the woods and waters of Katahdin’s national monument, Maine’s public lands are more than scenic, they are the backbone of our economy and way of life. Anyone who has spent any amount of time in these or other public places knows that they offer more than just natural beauty. They are central to our identity, drawing visitors from around the world, supporting small businesses and sustaining jobs in communities across the state.
As someone deeply invested in the success of Maine’s outdoor recreation and tourism industries, I know that investing in our public lands will support thriving communities for generations to come. But maintaining these places requires more than appreciation, it requires sustained investment and action.
In 2020, Congress recognized that many of our country’s national parks and other public lands were suffering from decades of deferred maintenance. Roads, bridges, water systems, historic structures and visitor facilities were aging faster than they could be repaired. In response, lawmakers passed the Great American Outdoors Act, which created the National Parks and Public Lands Legacy Restoration Fund (LRF).
This landmark legislation provided five years of dedicated funding to address long-overdue repairs on federal lands. Here in Maine, the LRF delivered $54 million for critical repairs to our public lands. These investments supported projects at places like Acadia National Park — improving trails, restoring historic carriage roads and upgrading essential infrastructure — as well as work on national forests and wildlife refuges across the state. These projects have served to protect natural resources, improve safety and enhance visitor experiences while supporting local economies.
Now, with that funding having expired, Congress is considering the America the Beautiful Act, introduced by Sen. Steve Daines of Montana and Maine’s own Sen. Angus King. The bill has received strong bipartisan support, and I want to thank Sen. King and Sen. Collins for their leadership in advocating for this important legislation.
The America the Beautiful Act rises above politics and reflects a shared commitment to conservation and safeguarding the places that help define both Maine and our nation. By continuing to invest in our public lands, we ensure they sustain local economies while preserving natural resources for residents, visitors and future generations alike.
Outdoor recreation is a cornerstone of Maine’s economy. Each year, millions of visitors come to experience our parks, trails, waterways and working forests — supporting roughly 32,000 jobs and generating $3.9 billion in economic activity. That is approximately 5% of Maine’s workforce and 4% of its GDP, respectively. Communities throughout Maine depend on these visitors, and the continued health of our public lands is essential to their continued success.
While important progress has been made, maintenance backlogs on our federal lands persist and require reliable, long-term funding. Congress should pass the America the Beautiful Act because it would provide $2 billion per year for eight additional years to address ongoing maintenance needs across national parks and public lands — without raising taxes.
This is accomplished by: 1) dedicating lease and royalty payments from energy producers operating on federal lands and waters to conservation, 2) requiring federal agencies to identify and dispose of unneeded assets, and 3) leveraging private funding by introducing a preference for projects with a 15% financial match from private stakeholders or nonprofit organizations.
By passing this legislation, Congress can ensure that Maine’s treasured public lands remain safe, accessible and vibrant. If we want future generations to experience Maine as we know it today, we need to invest in it now.
Massachusetts
Pols & Politics: Hundreds more layoffs announced by Massachusetts businesses
Four Massachusetts companies have announced hundreds of layoffs as residents and businesses flee the state due to what critics describe as soaring energy costs, high taxes, and costly climate mandates.
According to the state’s Worker’s Adjustment and Retraining Notification (WARN) tracker, a total of 283 Massachusetts workers are set to lose their jobs by the end of the fiscal year.
That includes 70 planned layoffs at Innovative Care Partners, which has locations in Northampton, West Springfield and Pittsfield, by June 30; 78 layoffs at Community Health Link at its Webster, Worcester and Lincoln locations, also by June 30; 83 layoffs at Compass Group USA in Boston by July 1; and 52 layoffs at Community Counseling of Bristol County at locations in Attleboro, Brockton, Fall River, New Bedford and Taunton between June 30 and July 13.
These latest notices come as several businesses have been moving out of Massachusetts over the past several months, including some that had been staples of the state’s economy.
In January, the reigning Massachusetts “Manufacturer of the Year,” Curia Global, shut down operations at its Burlington facility. Other notable departures include Thermo Fisher Scientific, Panera Bread, Cape Cod Potato Chips, Zipcar, SynQor, Analogic Corp. and more. Most recently, in April, Takeda Pharmaceuticals announced the elimination of 247 jobs from its Cambridge location.
The Massachusetts Fiscal Alliance told the Herald upon Curia Global’s exit that the Bay State has become an increasingly inhospitable business environment.
“The taxes here are high, the climate regulations are pretty extensive and we also have people in positions of power who don’t seem that interested in growing business here,” Executive Director Paul Craney said.
Healey denounces President Trump’s cap on student loans for health care and social workers
Gov. Maura Healey is responding to the Trump administration implementing a rule limiting access to federal student loans for graduate degrees in the nursing, physical therapy, physician assistants, occupational therapy, education and social work fields.
“At a time when people are already struggling with costs, President Trump is making higher education more expensive and harder to access. This rule is going to push students into more expensive private loans, and it blocks pathways into critical careers in the health care and education spaces,” Healey said in a written statement. “As the daughter of a school nurse, I know firsthand how important these jobs are to our communities.”
Healey spoke in opposition to this new rule back in March and continues to warn that it will increase costs and limit career opportunities. She launched a $15 million state loan repayment program for early education and care professionals along with loan repayments for health and human service workers through the MA Repay Program.
The new rule, implemented by the U.S. Department of Education, caps federal graduate student loan borrowing at $20,500 per year for the listed programs the administration deems not “professional.” The Healey-Driscoll Administration estimates that approximately 13,000 Massachusetts graduate students will be impacted.
Meanwhile, the Trump administration calls it a “common sense” regulation that will help control the ever-increasing costs for higher education.
New Hampshire
NH Lottery Powerball, Pick 3 Day winning numbers for May 2, 2026
The New Hampshire Lottery offers several draw games for those aiming to win big.
Here’s a look at Saturday, May 2, 2026 results for each game:
Winning Powerball numbers from May 2 drawing
25-37-42-52-65, Powerball: 14, Power Play: 3
Check Powerball payouts and previous drawings here.
Winning Pick 3 numbers from May 2 drawing
Day: 6-4-6
Evening: 0-7-6
Check Pick 3 payouts and previous drawings here.
Winning Pick 4 numbers from May 2 drawing
Day: 6-3-8-5
Evening: 4-4-5-7
Check Pick 4 payouts and previous drawings here.
Winning Megabucks Plus numbers from May 2 drawing
01-07-10-19-32, Megaball: 05
Check Megabucks Plus payouts and previous drawings here.
Winning Millionaire for Life numbers from May 2 drawing
06-17-31-42-50, Bonus: 02
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the New Hampshire Lottery drawings held?
- Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
- Pick 3, 4: 1:10 p.m. and 6:55 p.m. daily.
- Mega Millions: 11:00 p.m. Tuesday and Friday.
- Megabucks Plus: 7:59 p.m. Monday, Wednesday and Saturday.
- Lucky for Life: 10:38 p.m. daily.
- Gimme 5: 6:55 p.m. Monday through Friday.
- Millionaire for Life: 11:15 p.m. daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a New Hampshire managing editor. You can send feedback using this form.
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