Daniel Penny, a former U.S. Marine recently acquitted of criminal charges in the death of Jordan Neely on a New York City subway, is now seeking the dismissal of a civil lawsuit filed by Neely’s father, Andre Zachery.
In a court filing dated January 7, 2025, Penny’s legal team contends that Neely’s own actions were the primary cause of his death. They argue that any injuries or damages sustained were due to Neely’s “culpable conduct, negligence, carelessness, and lack of care.”
Penny’s attorneys, Steven Raiser and Thomas Kenniff, maintain their client’s innocence, emphasizing that his prior acquittal reflects New Yorkers’ belief in the right to self-defense. They have pledged to contest the civil lawsuit with the same determination demonstrated during the criminal proceedings.
The civil lawsuit, initiated by Neely’s father, alleges that Penny’s actions were negligent and directly led to Neely’s death. It’s noteworthy that Zachery was reportedly estranged from his son at the time of the incident.
Despite Penny’s acquittal in the criminal case, the civil lawsuit operates under a different legal standard, requiring a lower burden of proof. This means that the jury in the civil trial will assess whether it’s more likely than not that Penny’s actions caused Neely’s death.
The incident, which occurred on May 1, 2023, involved Penny placing Neely in a chokehold after Neely began acting erratically on a crowded subway train. The case has sparked national debate, with opinions divided over issues of self-defense, public safety, and the treatment of individuals experiencing homelessness and mental health crises.
As the civil proceedings advance, the court will determine whether Penny bears civil liability for Neely’s death and if damages should be awarded to Neely’s father. The outcome may have broader implications for similar cases where criminal acquittals are followed by civil lawsuits.