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

December 6, 2024

Updated: December 6, 2024

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.