Jordan Neely’s father has filed suit for damages against Daniel Penny over his son’s chokehold death on a New York City subway car as jury deliberations enter the fourth day as to whether to convict Penny of manslaughter.
The NY Post reports the legal action, filed in New York Supreme Court on Wednesday, accuses the Long Island Marine veteran of negligent contact, assault and battery that caused injuries and Neely’s death during an erratic outburst last year. The Post report details:
Neely’s father, Andre Zachary, “demands judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the lawsuit.
It was filed Wednesday as jurors in Penny’s four-week-long Manhattan trial broke for a second time without reaching a verdict.
Penny’s attorney, Steven Raiser, told the Post Thursday they had not yet been served.
“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,” Raiser said.
“We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”
Neely, 30, died after Penny, 26, held him in a chokehold for six minutes on May 1, 2023, after the troubled homeless man began shouting abuse at passengers on a crowded F train.
Legal action against Penny over his response began soon after, as Breitbart News reported.
Defense attorneys argued Neely died from a mix of schizophrenia, drug use, a genetic condition and the struggle with Penny.
Prosecutors, meanwhile, have claimed Penny was “criminally reckless” and went “way too far” while grappling with Neely.
The months-long trial continues Friday with further jury deliberations.
Follow Simon Kent on Twitter: Follow @SunSimonKent or e-mail to: skent@breitbart.com
