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By Matthew Impelli
Life & Trends Reporter
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Daniel Penny was sued this week by the father of the victim in the New York City chokehold case.
The Lawsuit
Andre Zachary, the father of Jordan Neely, filed a lawsuit Wednesday in New York Supreme Court against Marine veteran Daniel Penny.
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The lawsuit accuses Penny, a Long Island native, of negligence, assault and battery, resulting in the death of Andre Zachary's 30-year-old unarmed son on a subway train on May 1, 2023.
Penny, then 24, held Jordan Neely, a homeless man, in a chokehold for approximately six minutes after Neely began shouting and behaving erratically on a crowded subway train.
According to the lawsuit, Zachary is seeking damages "in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction."
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Steven Raiser, Penny's attorney, dismissed the lawsuit, calling it a 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," Raiser said in a statement. "We will not be distracted by this attempt to attack Danny while he is under such tremendous stress."
Raiser noted that Penny had not yet received the lawsuit.
Daniel Penny Case
Penny is currently on trial for the fatal chokehold of Neely on a New York City subway. On the third day of deliberations, the jury resumed Thursday by reviewing a readout of testimony from a city medical examiner presented during the monthlong trial.
The jury requested that the judge re-read the legal definitions of recklessness and negligence in open court and asked for written copies of the statutes to review during their closed-door deliberations. Jurors revisited testimony from Dr. Cynthia Harris, who detailed her decision to issue Neely's death certificate following an autopsy and a review of bystander video and investigative findings.
Penny's defense heavily disputed the conclusion by the city medical examiner's office that the chokehold was the cause of Neely's death. A defense pathologist testified that Neely's death resulted from a combination of synthetic marijuana use, known as "K2," schizophrenia, a genetic condition and his physical altercation with Penny.
On Wednesday, jurors requested to review video evidence, including footage captured by bystanders, responding officers' body cameras and police recordings of Penny's station house interview with detectives.
Penny has entered a not guilty plea to charges of manslaughter and criminally negligent homicide.
Prosecutors argue that Penny acted recklessly by applying excessive force to Neely's neck for too long, while Penny's attorneys contend his actions were justified to protect other subway passengers.
Opinions on Penny remain sharply divided: some portray the now 26-year-old architecture student as a brave protector, while others see him as a white vigilante who took the life of a troubled Black man in need of assistance.
This article includes reporting from The Associated Press.
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