Jordan Neely’s father has filed a lawsuit against Daniel Penny, who has been on trial for fatally choking Neely in a 2023 New York subway incident. This news came before Friday’s development that the jury in Penny’s trial was deadlocked and unable to come to a unanimous decision, per NBC New York.
Deliberations stretched into Friday, and as NBC New York reported, “the jury is not permitted to consider the second count, criminally negligent homicide, until it has reached a unanimous decision on the manslaughter count.”
Father files lawsuit against Daniel Penny following fatal subway incident involving son
According to The Guardian, Neely’s father, Andre Zachary, filed the legal complaint on Wednesday against Penny in the New York supreme court. He accused the 26-year-old of negligence and assault and battery, which Zachary says caused the death of his 30-year-old son.
Neely, an unhoused Michael Jackson impersonator known for performing on subways, was allegedly acting in a “hostile and erratic manner” toward passengers during the May 1, 2023, incident, according to police reports, per Blavity. A viral clip of the incident showed Penny restraining Neely, allegedly to prevent him from harassing passengers on the train. He held Neely down for about six minutes in total. According to The New York Times, during the last 50 seconds of the chokehold, Neely had stopped moving.
The case garnered national attention, with critics divided
Penny was arrested and charged with manslaughter in a case that has since gained national attention. Critics allege Penny used excessive force, while his supporters claim he was acting in self defense and to protect others.
Meanwhile, Zachary is pursuing a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the lawsuit, per The Guardian.
Penny’s lawyer, Steven Raiser, responded to the suit on Thursday, saying that his client had not been served with the complaint.
“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,” he said in a statement obtained by The Guardian. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”
Jurors deliberate after testimonies; request additional evidence before verdict
Jurors deliberated after more than 30 witnesses and experts testified during the trial on Wednesday and Thursday, with several of them called on by the prosecution to argue their points that Penny used excessive force and that the chokehold ultimately led to Neely’s death.
Additionally, jurors have requested more information, including footage and other evidence to review before reaching a verdict. If Penny is found guilty, he could face up to 15 years in prison, per Blavity.
