Daniel Penny Subject to New Civil Action Amidst Ongoing Criminal Trial

Daniel Penny, who is currently undergoing a criminal trial for second-degree manslaughter and negligent homicide charges stemming from a death involving a subway chokehold, is now also the subject of a civil lawsuit initiated by the father of the individual he is accused of killing. Last year, Mr. Penny restrained Jordan Neely, then 30 years old, for multiple minutes on a New York City subway train. Andre Zachery, Mr. Neely’s father, is pursuing financial compensation for purported physical assault and battery. According to the Associated Press, Mr. Penny’s legal representative has characterized the lawsuit as a diversion. The 26-year-old Mr. Penny has entered a plea of not guilty in his concurrent criminal proceedings. Mr. Zachery’s legal action asserts that Mr. Penny engaged in negligent contact, assault, and battery in connection with the May 2023 event that resulted in his son’s demise. The lawsuit claims, “The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny’s negligence.” The lawsuit indicates that Mr. Zachery is requesting a court ruling that grants damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.” Mr. Penny’s legal counsel stated that the complaint had not yet been formally delivered to him, remarking to the Associated Press: “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.” They further commented, “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.” A jury is presently considering the distinct criminal proceedings concerning Mr. Penny, a former marine, who stands accused of applying a fatal chokehold to Mr. Neely. A conviction for manslaughter could result in a sentence of up to 15 years. According to witness accounts, Mr. Neely, who was experiencing homelessness and suffered from severe mental illnesses, entered a New York City subway vehicle and started yelling at fellow passengers. He requested money and loudly expressed that he was hungry and wished to return to jail. Mr. Penny then intervened, applying a chokehold to Mr. Neely and holding him on the floor for several minutes. Mr. Penny’s attorneys assert that their client, a Long Island resident, acted due to concerns that Mr. Neely might harm other commuters. A medical examiner determined that Mr. Neely’s death resulted from neck compression. In court, prosecutors have portrayed Mr. Penny as reckless, whereas his legal representatives contend he was safeguarding other passengers. The event has generated political polarization, with conservatives commending Mr. Penny, who is white, as a hero, while detractors assert his actions were unwarranted in causing the death of Mr. Neely, who was black. The proceedings in Mr. Penny’s trial have included bystander videos depicting the chokehold, recordings of 911 calls, police body camera footage, and witness testimonies. Mr. Neely had accumulated dozens of prior arrests for fare evasion, theft, and assaults against three women. His family members indicate that his mental health challenges originated 15 years ago when his mother was strangled by her boyfriend.