As a Manhattan jury continued deliberating the fate of Marine veteran Daniel Penny in the subway chokehold trial, the father of Jordan Neely filed a civil lawsuit against the defendant on Wednesday.
Details of the Lawsuit
Andre Zachary, Neely’s father, lodged the suit in New York Supreme Court, accusing Penny of negligence, assault, and battery that led to the death of his 30-year-old son on May 1, 2023. Zachary is seeking damages exceeding the jurisdictional limits of lower courts.
Penny, then 24, placed Neely, who was unarmed and homeless, in a chokehold for approximately six minutes after Neely began shouting and behaving erratically on a crowded subway train.
Defense Responds
Penny’s attorney, Steven Raiser, dismissed the lawsuit as poorly timed and a distraction. “The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten,” he said, noting that Penny had not yet been served the complaint.
Meanwhile, Neely’s uncle, Christopher Neely, reiterated the family’s stance outside the courthouse. “What gave Daniel Penny the right to choke Jordan nearly for six minutes?” he asked. “He had options—he could have moved to another car or spoken up without resorting to violence.”
Jury Deliberations Continue
The third day of jury deliberations ended Thursday without a verdict. Jurors requested a readout of testimony from the city medical examiner, definitions of recklessness and negligence, and additional reviews of police and bystander video, including body camera footage and Penny’s station house interview.
The prosecution argues that Penny acted recklessly, applying a chokehold too hard and for too long. The defense contends that Penny’s actions were justified in protecting fellow passengers from a potentially dangerous situation.
Conflicting Medical Testimony
During the monthlong trial, the city medical examiner testified that Neely’s death was caused by the chokehold. However, Penny’s defense team presented an alternate narrative, citing testimony from a pathologist who argued Neely’s death resulted from a combination of synthetic marijuana use (K2), schizophrenia, a genetic condition, and his physical struggle with Penny.
Case Context and Public Debate
The case has reignited debates surrounding race, public safety, homelessness, and mental health. While some view Penny as a protector responding to a chaotic situation, others criticize him as a vigilante whose actions led to the death of a vulnerable man in need of help.
The jury is set to resume deliberations Friday, with Penny facing charges of manslaughter and criminally negligent homicide. If convicted, he could face significant prison time, though the civil lawsuit ensures that legal proceedings will continue regardless of the criminal trial’s outcome.
