Father of Subway Chokehold Victim Sues Defendant Amid Ongoing Trial Deliberations

 

As the Manhattan jury continued its deliberations on Thursday in the trial of Marine veteran Daniel Penny, the father of Jordan Neely, the 30-year-old victim at the center of the fatal subway chokehold case, filed a lawsuit against the defendant. Andre Zachary, Neely's father, filed the civil suit on Wednesday in New York Supreme Court, accusing Penny of negligence, assault, and battery leading to his son's death on May 1, 2023.

Zachary's lawsuit claims that Penny's actions, which resulted in Neely's death, were the direct cause of the tragedy. On the day of the incident, Penny, then 24, placed Neely in a chokehold for nearly six minutes after Neely, a homeless man, began shouting and acting erratically on a crowded subway train.

In his complaint, Zachary seeks unspecified damages exceeding the jurisdictional limits of lower courts. Penny’s attorney, Steven Raiser, dismissed the lawsuit, calling it a distraction amid the ongoing criminal trial. Raiser noted that Penny had not yet been served with the complaint and emphasized the seriousness of the criminal charges, including manslaughter and criminally negligent homicide, which Penny is facing in connection with Neely's death.

As the trial progresses, deliberations resumed on Friday after a third day without a verdict. The jury had previously heard testimony from a city medical examiner, Dr. Cynthia Harris, who confirmed the cause of Neely's death as a result of the chokehold, corroborated by autopsy findings and bystander video. Penny's defense, however, has contested this conclusion, arguing that Neely's death was primarily caused by the use of synthetic marijuana ("K2") and his underlying mental health conditions, including schizophrenia.

Jurors also reviewed video evidence, including footage from police body cameras and bystander videos, which played a key role in the trial. Penny’s defense team has argued that Penny’s actions were justified, asserting that he was protecting fellow passengers from an allegedly violent and threatening individual. Some witnesses recalled Neely ranting about being willing to die or go to jail.

This case has ignited passionate debates across the country regarding race, public safety, mental illness, and homelessness. Penny, now 26, has garnered both support and criticism, with some viewing him as a protector of subway riders, while others see him as a white vigilante responsible for the death of a troubled Black man who was in dire need of help.