Man who helped Daniel Penny restrain Jordan Neely speaks at trial
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(NEW YORK) — A Bronx man who helped Daniel Penny restrain Jordan Neely on a New York City subway car last year ”jumped in and tried to help” so Penny could release his chokehold, according to the man’s testimony Wednesday at Penny’s manslaughter and negligent homicide trial.
Eric Gonzalez, who is seen on video holding Neely by the wrist, boarded the subway at Broadway-Lafayette and noticed Penny holding down Neely “with his legs around his waist and his arm around his neck.”
Gonzalez testified he did not know why Penny, a former Marine, was restraining Neely but he heard people yelling for police to be called. He also said he noticed “Jordan Neely’s clothing was that of a vagrant, as if he was homeless, dirty, ripped off.”
Gonzalez said he waved his hands in front of Penny’s face to get his attention.
“I said, ‘I will grab his hands so you can let go,’” Gonzalez told the jury. “Just giving him a different option to hold his arm — well, to restrain him until the police came.”
Asked by prosecutor Dafna Yoran to clarify, Gonzalez said: “If I held his arm down, he could let go of his neck.”
“And why is it you wanted him to let go of his neck?” Yoran asked. “Didn’t think anything at the moment. I was just giving him an alternative to let him go,” Gonzalez responded.
The testimony came as the trial entered a fourth week. Penny has said he put Neely in the chokehold to protect subway riders.
Prosecutors said it would have been “laudable” except Penny held on too long, well past the point when Neely posed any kind of threat.
Gonzalez said he saw Neely’s body go limp and let go of him before Penny did the same.
“I tried to shake Jordan Neely to get a response out of him, feel for a pulse, and then I walked away,” Gonzalez said.
(MEMPHIS) — A former Memphis police officer on trial in the beating death of Tyre Nichols texted photos of a bloodied Nichols to his then-girlfriend, she said Wednesday during testimony.
Brittany Leake, an officer with the Memphis Police Department (MPD) who used to date Demetrius Haley, said Haley texted her and one of her family members a photo of Nichols that showed the 29-year-old leaning against a police car, bleeding from his mouth, wearing a torn shirt, appearing dirty and with his eyes closed, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom.
Haley is on trial along with Justin Smith and Tadarrius Bean, who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
“I wasn’t offended, but it was difficult to look at,” Leake said, claiming she deleted the photo, according to WATN.
Leake said she told Haley that Nichols needed to go to the trauma center, according to WATN. She claimed Haley previously sent her other photos from his patrols, including pictures of a burned suspect. Leake testified that she has never sent photos from the job in her two years as an MPD officer because it is against department policy, according to WATN.
Prosecutors on Wednesday also called to the stand Jesse Guy, a former Memphis Fire Department paramedic who cared for Nichols on the scene and in the ambulance that transported him to St. Francis Hospital, according to WATN.
Guy said when he first arrived on the scene, an emergency medical technician (EMT) told him Nichols “just went out,” according to WATN. Guy claimed he heard one of the officers say Nichols took something.
Guy testified that Nichols was unresponsive, had head swelling, scratches and marks around his neck and blood spilling from his mouth, according to WATN.
“It’s time to go,” Guy told prosecutors he was thinking after Nichols had no pulse and was unresponsive to Narcan, an overdose reversal drug, according to WATN. “I felt like something was going on.”
Guy said he gave Nichols oxygen, intubated him, removed his wet clothes and attempted with no success to defibrillate his heart, according to WATN. After giving Nichols epinephrine, more oxygen and sodium bicarbonate, Guy said there was still no pulse.
“I was trying to save his life,” Guy said, according to WATN.
Guy claimed he decided Nichols must go to the closest hospital to get better care, according to WATN. By the time they arrived at St. Francis Hospital, the former paramedic said they were able to get Nichols’ heart beating again.
Guy noted that when he asked one of the officers involved in the encounter what happened, the officer responded with a sigh.
“Never mind,” Guy said he told the officer because the paramedic thought the policeman was going to give him “B.S.” according to WATN.
Guy said during cross-examination that EMTs on the scene when he arrived had not assessed Nichols and didn’t tell him much about Nichols’ health status, according to WATN.
When defense attorneys asked Guy about information he received from the EMTs who were already on site, Guy claimed that the EMTs told him they heard Nichols moan in response to one of the medics.
Michael Stengel, Haley’s attorney, asked Guy when he knew Nichols was going through a medical emergency, according to WATN.
“When I laid eyes on him,” Guy said.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges. Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
In this June 25, 2024, file photo, Boeing 737 MAX aircraft are assembled at the Boeing Renton Factory in Renton, Washington. — Jennifer Buchanan/POOL via AFP via Getty Images, FILE
(NEW YORK) — Tens of thousands of Boeing workers have voted to strike after rejecting the proposed contract from the embattled aerospace company — a move with far-reaching implications for the U.S. economy.
Boeing had reached a tentative agreement earlier this week with the International Association of Machinists and Aerospace Workers, or IAM, the union representing 33,000 workers at Boeing plants in Washington State, Oregon and California.
However, union members rejected the contract agreement on Thursday night with a vote of 94.6%. IAM’s members will strike at midnight on Friday after 96% voted for the action.
“The message was clear that the tentative agreement we reached with IAM leadership was not acceptable to the members,” Boeing said in a statement following the strike vote. “We remain committed to resetting our relationship with our employees and the union, and we are ready to get back to the table to reach a new agreement.”
A work stoppage would weaken Boeing as it struggles to recover from a years-long stretch of scandals and setbacks, hamstringing the nation’s largest exporter, experts told ABC News. But, they added, workers are frustrated with what they perceive as inadequate compensation and a sense they must sacrifice to make up for the company’s mismanagement.
Here’s what to know about what’s behind the strike and its implications for the U.S. economy:
Why are Boeing workers preparing to strike?
Neither Boeing nor the IAM wants a strike. The workers might carry one out anyway.
The tentative agreement struck this week delivers a 25% raise over the four-year duration of the contract, as well as worker gains on healthcare costs and retirement benefits. The union had sought a 40% pay increase over the life of the deal.
The agreement also features a commitment from Boeing to build its next commercial plane with union labor in Washington state.
Boeing touted the strength of its offer earlier this week. “Simply put, this is the best contract we’ve ever presented,” Stephanie Pope, Boeing Commercial Airplanes president and CEO, wrote in a letter to union members obtained by ABC News.
The union echoed support for the agreement, urging workers to ratify the deal.
“We have achieved everything we could in bargaining, short of a strike. We recommended acceptance because we can’t guarantee we can achieve more in a strike,” IAM District 571 President Jon Holden, who leads the union local involved in negotiations, told members in a public letter.
In response to ABC News’ request for comment, a Boeing spokesperson pointed to a letter sent to union members by CEO Kelly Ortberg.
“I hope you will choose the bright future ahead, but I also know there are employees considering another path — and it’s one where no one wins,” Ortberg said.
“For Boeing, it is no secret that our business is in a difficult period, in part due to our own mistakes in the past. Working together, I know that we can get back on track, but a strike would put our shared recovery in jeopardy, further eroding trust with our customers and hurting our ability to determine our future together,” Ortberg added.
IAM declined to respond to ABC News’ request for comment.
Still, the vote indicates that workers are ready to defy the company and the union. For years, West Coast Boeing workers have taken issue with their level of compensation, especially in light of strong company performance and a surge in the cost of living, experts said.
“There are years and years of pent-up frustration among Boeing workers,” Jake Rosenfeld, a professor of sociology at Washington University in St. Louis who studies labor, told ABC News. “This is an expression of being completely fed up.”
Union members also view themselves as being asked to make sacrifices made necessary by the company’s mismanagement, said Henry Harteveldt, a travel industry analyst at Atmosphere Research Group.
In January, a door plug blew out of the company’s 737 Max 9 aircraft during an Alaska Airlines flight, prompting a federal investigation. The renewed scrutiny arrived roughly five years after Boeing 737 Max aircraft were grounded worldwide following a pair of crashes in Indonesia and Ethiopia that killed a combined 346 people.
In 2021, after a two-year ban, Boeing 737 Max aircraft were permitted to fly.
Boeing is carrying nearly $60 billion in debt, Pope noted in her letter to union members. The company’s share price has plummeted almost 40% since the outset of 2024. Ortberg took over as CEO last month.
“The workers cannot and should not be expected to bear all of the burden of the changes needed at Boeing,” Harteveldt said.
“But I don’t think Boeing is asking them or expecting them to do that,” Harteveldt added. “Boeing has extended what appears to be a very generous offer with substantial wage increases.”
What’s at stake in a potential Boeing strike?
Boeing, which employs 145,000 U.S.-based workers, is a major U.S. firm with a sprawling network of suppliers, experts said.
The company estimates that it contributes nearly $80 billion to the U.S. economy each year, and indirectly accounts for 1.6 million jobs.
A prolonged strike would weaken production with the potential to slow output, diminish income and trigger layoffs, Harteveldt said.
“There’s a risk of a downward spiral,” Harteveldt said.
Such a strike would not impact flight activity or down planes, however, since the workers at issue take part in manufacturing new products. That stands in contrast with an averted railroad strike in 2022, which would have halted a sizable share of the nation’s cargo trains.
“This wouldn’t be as devastating,” Rosenfeld said.
Still, he added, a potential strike would hold implications for a signature U.S. firm.
“It would further damage an iconic company that has already had years of setbacks,” Rosenfeld said.
(PENSACOLA, Fla.) — A NASA astronaut who experienced a “medical issue” following the successful Space X Crew-8 mission has been released from the hospital, NASA officials said Saturday.
“After an overnight stay at Ascension Sacred Heart Pensacola in Florida, the NASA astronaut was released and returned to NASA’s Johnson Space Center in Houston Saturday. The crew member is in good health and will resume normal post-flight reconditioning with other crew members,” NASA said in a statement.
NASA has not publicly named the astronaut.
NASA astronauts Matthew Dominick, Michael Barratt and Jeanette Epps and Russian astronaut Alexander Grebenkin were in the SpaceX Dragon capsule when it splashed down on Earth on Friday, NASA said.
After a medical evaluation, three of the crew members departed from the facility and arrived at NASA’s Johnson Space Center in Houston, Texas, NASA said.
One remaining astronaut remained in the hospital and is in stable condition and is under observation as a precautionary measure, NASA said.
Recovery of the crew and spacecraft went without incident, according to NASA.
An additional medical evaluation of the astronauts was requested out of an abundance of caution, NASA said.
