Following his acquittal of criminally negligent homicide for a chokehold incident on a Manhattan subway car, Daniel Penny's legal team is now pushing for a civil judge to dismiss the lawsuit filed by Jordan Neely's father. The lawsuit, filed by Andre Zachery in December, alleges that Penny negligently assaulted and caused the death of Neely during a violent outburst.
In response to the lawsuit, Penny's attorneys argued that any injuries sustained by Zachery were partly due to Neely's own conduct and negligence. They are seeking to have Zachery cover the legal costs.
The filing comes after Penny's high-profile acquittal in a manslaughter trial, where he was found not guilty of the charges related to Neely's death. The incident occurred on a subway car on May 1, 2023, involving a confrontation between Penny, a Marine veteran, and architecture student, and Neely, a homeless man with schizophrenia.
Neely, who had a history of criminal behavior, psychosis, and substance abuse, was reportedly making death threats while under the influence of synthetic marijuana. The incident took place amidst a backdrop of rising subway crime in the city, causing fear among passengers.
While Penny was cleared of criminal charges, legal experts suggest that Neely's family may have a stronger case in civil court, where the burden of proof is lower. In a civil case, the plaintiff's attorneys must demonstrate their case based on a 'preponderance of evidence,' making it potentially easier to establish liability.
The legal battle continues as both parties navigate the complexities of the justice system in seeking resolution for the tragic events that unfolded on that fateful day.
