Lawsuit Filed by Victim’s Father in NYC Subway Chokehold Case Against Daniel Penny

NEW YORK​ — As the jury in the fatal New York City subway ​chokehold trial continues ‌to deliberate, the father of ‍the victim has taken legal action against the defendant.

Andre Zachary,‌ father of the late Jordan Neely, lodged a ⁤lawsuit on Wednesday against Daniel Penny,⁢ a Marine veteran, in ‌the New York Supreme Court.

Zachary​ alleges that Penny, a native ⁢of Long Island, was negligent and committed assault and battery, which resulted in​ the ⁣untimely death of his unarmed son,​ Jordan, aged 30, on an ⁣underground train on May 1,⁤ 2023.

According to the ⁢case details, Penny, who⁣ was 24 at the time, held Neely⁤ in a chokehold for approximately six ⁣minutes ⁢after Neely, a ⁢homeless individual, began to act‌ out ⁢and yell on the packed train.

Zachary is seeking a judgment that awards damages “in a sum which exceeds⁤ the jurisdictional limits of all lower courts which ‌would otherwise⁢ have jurisdiction,” ⁢as stated in ⁣the lawsuit.

Steven Raiser, Penny’s attorney, has dismissed the lawsuit ⁣as a mere 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 in a statement on ⁣Thursday, adding that ​Penny had not yet been served the complaint. “We will⁣ not be distracted by this attempt ‌to⁢ attack Danny while he⁣ is under such tremendous stress.”

Lawyers for Zachary ⁤did not respond to an‍ email seeking comment. However, Christopher Neely, ⁣Jordan’s uncle, reiterated the family’s⁤ stance that Neely did not⁤ deserve to lose his life​ over his⁤ outburst.

“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 concluded its third day of deliberations on ​Thursday without reaching a verdict. The jury will resume its closed-door discussions on Friday, having heard a readout of​ a city medical examiner’s testimony during the month-long trial.

The jury‌ also requested the judge to re-read the​ criminal definitions of recklessness and negligence in‍ open court and provide them with written copies of the statutes.

During the trial, jurors listened again to Dr. Cynthia Harris’ testimony about ⁢issuing a death certificate ‍for Neely after conducting an autopsy⁤ and reviewing the bystander’s video ⁤and investigative findings.

Penny’s defense largely focused on challenging the city⁢ medical examiner’s​ office’s determination that ‌the chokehold⁢ was the cause of Neely’s death.

A​ defense⁤ pathologist⁤ testified that Neely’s death resulted from the use ⁣of synthetic marijuana, also known⁣ as “K2,” along with schizophrenia, a genetic condition, and his struggle with Penny.

On Wednesday, jurors requested to⁤ review the police and bystander video, including the responding officers’ body ⁣camera ‌videos and police video of Penny’s subsequent station house interview with detectives.

Penny has pleaded not guilty to charges of ⁣manslaughter and criminally negligent homicide.

Prosecutors argue that Penny recklessly​ squeezed⁣ Neely’s neck too hard and for too ⁤long, but Penny’s​ lawyers maintain his actions⁣ were justified in⁤ protecting fellow ⁣subway riders.

According to Penny and some passengers, Neely had ranted about being willing to die, willing to go ⁢jail — even willing to kill.

The case ⁤has⁢ sparked heated debates over race relations, public safety, homelessness, and mental⁣ illness.

Some‍ view Penny as‍ a brave protector, while others see the ‍now 26-year-old architecture student as a white vigilante who unjustly ​killed⁢ a troubled Black man‌ in need of help.