Jordan Neely’s father, Andre Zachary, has filed a lawsuit against Daniel Penny, the former Marine facing manslaughter charges for Neely’s death on a New York City subway.
The lawsuit, filed in New York Supreme Court on Wednesday, accuses Penny of negligent conduct, assault, and battery, asserting that these actions caused Neely’s death in May 2023.
Zachary seeks damages exceeding the jurisdictional limits of lower courts, according to the court documents. The filing coincides with the jury’s deliberation in Penny’s criminal trial, which has spanned four weeks.
Neely, 30, was killed on May 1, 2023, after Penny, 26, placed him in a chokehold for six minutes on a crowded F Train. Witnesses testified that Neely, a homeless man with a history of mental illness, had been shouting at passengers, making threatening remarks, and claiming he didn’t care if he returned to jail.
BREAKING: bombshell bodycam reveals that police detected a pulse on Jordan Neely after he was put in a chokehold by Daniel Penny.
— Dapper Detective (@Dapper_Det) November 1, 2024
At the behest of BLM who called it a racist killing, Soros-funded D.A. Alvin Bragg is falsely prosecuting Penny for manslaughter.
Penny is innocent. pic.twitter.com/0fxy5xtZ9x
Several passengers reportedly felt frightened by Neely’s behavior. Penny and other witnesses allege that Neely declared he was willing to “kill a motherf—er,” prompting Penny to intervene.
The defense argued that Neely’s death was the result of multiple factors, including schizophrenia, drug use, a genetic condition, and the physical altercation with Penny. Prosecutors, however, maintain that Penny acted recklessly and used excessive force.
As jurors continue deliberating, they have reviewed key pieces of evidence, including bodycam footage of NYPD officers arriving on the scene and attempting to revive Neely, as well as Penny’s videotaped interrogation with detectives.
In his interview, Penny explained his actions, stating: “I wasn’t trying to injure him. I’m just trying to keep him from hurting anybody else. That’s what we are taught in the Marine Corps.”
Last month, Zachary walked out of the courtroom as jurors viewed a widely circulated video of Penny placing Neely in the chokehold that led to his death.
The graphic footage has been replayed multiple times during the trial, underscoring the emotionally charged nature of the case.
The timing of Zachary’s lawsuit has added another layer to an already contentious case. While the criminal trial centers on whether Penny’s actions constituted manslaughter, the civil lawsuit seeks financial accountability for what Neely’s family describes as wrongful death.
The lawsuit alleges that Penny’s actions on the subway were not only negligent but also inflicted harm that directly resulted in Neely’s death.
Legal experts note that the outcome of the manslaughter trial could significantly impact the civil case, potentially influencing the jury’s view of Penny’s culpability.
Neely’s death has sparked widespread debate about public safety, mental health, and the limits of self-defense. While some view Penny’s actions as a justified response to a perceived threat, others argue that his intervention escalated unnecessarily, leading to a preventable tragedy.
As the jury deliberates Penny’s fate, the lawsuit ensures that the legal battles over Neely’s death will continue, with broader implications for how society addresses such incidents.