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.

NYC subway

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