As a Manhattan jury deliberates the fate of Daniel Penny, the former Marine accused in the fatal subway chokehold death of Jordan Neely, Neely’s father has filed a wrongful death lawsuit against Penny.
Andre Zachary, Neely’s father, filed the suit Wednesday in New York Supreme Court, alleging negligence, assault, and battery on the part of Penny, a Long Island native. the lawsuit claims that Penny’s actions directly led to the death of his unarmed 30-year-old son on May 1, 2023, aboard a crowded subway train.
The incident unfolded when Neely, who was homeless, began shouting and acting erratically. Penny, then 24, responded by placing Neely in a chokehold for approximately six minutes.
Zachary is seeking unspecified damages, stating in the lawsuit that the amount “exceeds the jurisdictional limits of all lower Courts which would or else have jurisdiction.”
penny’s attorney, Steven Raiser, dismissed the lawsuit as a distraction, stating, ”The timing is unfortunate as Danny is awaiting a verdict from the jury were the potential consequences are far greater than any civil suit could threaten.” He added that Penny had not yet been served with the complaint.
“We will not be distracted by this attempt to attack Danny while he is under such tremendous stress,” Raiser said.
Lawyers representing Zachary did not respond to requests for comment. However, Christopher Neely, Jordan’s uncle, reiterated the family’s stance that Neely’s death was unjustified.
“What gave Daniel Penny the right to choke Jordan nearly for six minutes?” he questioned outside the courthouse. “He had an option to go to another car.he had the option to say something and not do nothing.”
The jury, which began deliberations on Tuesday, concluded its third day without reaching a verdict. The panel requested a rereading of the criminal definitions of recklessness and negligence, along with written copies of the statutes.
Jurors also requested a replay of Dr. Cynthia Harris’s testimony. Dr. Harris, the city medical examiner, issued Neely’s death certificate after conducting an autopsy and reviewing bystander video footage and investigative findings.
Penny’s defense team has challenged the medical examiner’s office’s determination that the chokehold caused Neely’s death. A defense pathologist testified that Neely died from a combination of synthetic marijuana use, schizophrenia, a genetic condition, and his struggle with Penny.
The trial has captivated national attention, raising complex questions about self-defense, mental health, and the use of deadly force.
The trial of Daniel Penny, the former Marine charged in the death of Jordan Neely on a New York City subway, entered a crucial phase on Wednesday as jurors requested to review key video evidence. The footage includes body camera recordings from responding officers and Penny’s own interview with detectives following the incident.
Penny, who has pleaded not guilty to charges of manslaughter and criminally negligent homicide, maintains that his actions were necessary to protect fellow passengers. Prosecutors, however, argue that he used excessive force, squeezing Neely’s neck for an unreasonable duration.
“He ranted about being willing to die, willing to go to jail — even willing to kill,” Penny and several passengers recalled of Neely’s behavior prior to the fatal encounter.
The case has ignited intense debate across the nation, raising complex questions about race relations, public safety, homelessness, and mental health. Some view Penny as a hero who acted to protect others, while others condemn him as a vigilante who took the law into his own hands, resulting in the death of a vulnerable Black man.
“Some have cast Penny as a valiant protector while others view the now 26-year-old architecture student as a white vigilante who summarily killed a troubled black man in need of help,” the article states.
The jury’s deliberations continue, with the video evidence likely to play a central role in their decision.
The outcome of this trial is being closely watched as it reflects broader societal tensions and the ongoing struggle to address complex issues of justice and equity.
## “Justice for Jordan”: family Files Wrongful Death Suit Against Daniel Penny as Jury Deliberates
**New York, NY** – As the world watches and waits for a verdict in the case against daniel Penny, the former Marine accused in the fatal chokehold death of Jordan Neely, Neely’s family has taken further legal action, filing a wrongful death lawsuit against Penny.
We are joined today by **Dr. Emily Carter**, Professor of law at Columbia University and a leading expert on civil rights and wrongful death litigation, to analyse the implications of this lawsuit and it’s potential impact on the already high-stakes case.
**World Today News:** Dr. Carter, thank you for joining us. Can you help our readers understand the basis of this lawsuit?
**Dr. Carter:** Certainly. The lawsuit filed by Andre Zachary, Jordan Neely’s father, alleges that Daniel Penny acted negligently, committed assault, and caused the battery that led to Jordan Neely’s death. These are serious accusations,and the burden of proof will be on Mr. Zachary and his legal team to demonstrate that Penny’s actions were indeed unreasonable and directly caused Mr. Neely’s death.
**World Today News:** How does this civil lawsuit differ from the criminal case currently being decided by the jury?
**Dr. Carter:** While both cases revolve around the same incident, they are distinct legal proceedings.The criminal case focuses on whether Daniel Penny’s actions violated the law, specifically if his use of deadly force was justified. The prosecution must prove guilt “beyond a reasonable doubt.”
In contrast, the civil lawsuit seeks monetary damages for the harm suffered by Jordan Neely’s family. The standard of proof in a civil case is “preponderance of the evidence,” meaning it’s more likely than not that Penny’s actions were wrongful.
**World Today News:** Penny’s attorney dismissed the lawsuit as a “distraction” coming at a sensitive time, given the ongoing jury deliberations. How might this lawsuit affect the criminal case?
**dr. Carter:** It’s possible the lawsuit could influence the jury’s deliberations, but it’s challenging to predict the extent. some jurors might be swayed by the family’s accusations, while others might view the civil case as irrelevant to their task of determining guilt or innocence in the criminal case. Penny’s attorney’s comments aim to minimize the lawsuit’s impact and focus the jury’s attention on the criminal charges.
**World Today News:** Mr.Neely’s family has maintained that his death was unjustified. What are the key arguments they will likely present in the civil lawsuit?
**Dr. Carter:** We can anticipate arguments focusing on the circumstances leading to the confrontation, specifically Jordan neely’s mental health struggles and homelessness. They will likely argue that Penny had other options besides using deadly force, such as moving to another train car or alerting transit authorities.
They may also present evidence challenging Penny’s claim that he acted to protect himself and others, highlighting discrepancies in witness accounts and expert analyses of the use of force.
**World Today News:** Dr. Carter, this case has sparked intense public debate about race, mental health, and the use of force.What are the broader implications of this lawsuit?
**Dr. Carter:** This lawsuit, nonetheless of its outcome, will undoubtedly fuel these ongoing conversations. It could contribute to a broader examination of how society responds to individuals experiencing homelessness and mental health challenges, and the responsibilities of bystanders in potentially hazardous situations.
The outcome of both the civil and criminal cases will likely have profound implications for the legal landscape surrounding self-defense and the use of deadly force, setting precedents that could impact future cases.
**World Today News:** Dr. Carter, thank you for sharing your insights with us today.
