A controversial subway incident that ended in a fatality now faces new legal developments.
According to Fox News, Daniel Penny's legal team has filed a motion to dismiss the civil lawsuit brought by Jordan Neely's father, Andre Zachery, and is additionally seeking to have Zachery cover the legal costs following Penny's acquittal of criminally negligent homicide charges.
The civil lawsuit, filed in December, alleges that Penny negligently assaulted, battered, and seriously injured Neely, leading to his death. Penny's attorneys have countered these claims by arguing that any injuries sustained were partly due to the plaintiff's own conduct and negligence.
Penny's attorneys, Steven Raiser and Thomas Kenniff, emphasized their successful defense against criminal charges from Manhattan's district attorney's office. They issued a strong statement regarding their commitment to defending against the civil action.
Raiser and Thomas Kenniff stated:
We are committed to defending this ill-conceived civil action brought by Jordan Neely's estranged father with same the vigor with which we defended the criminal case.
The legal proceedings have drawn significant attention, particularly after prosecutors dropped the top manslaughter charge to avoid a hung jury, resulting in Penny's acquittal of the lesser charge in December.
The incident occurred on May 1, 2023, when Neely, a 30-year-old homeless man diagnosed with schizophrenia, entered a Manhattan subway car while allegedly under the influence of K2, a synthetic marijuana. Witnesses reported feeling terrified as Neely made death threats.
Penny, a 26-year-old Marine veteran and architecture student, responded to the situation by placing Neely in a chokehold.
At the time of the incident, New York City was experiencing a surge in subway-related crimes, including recent stabbing and assault incidents.
The context of the case includes Neely's history of mental health issues, an active arrest warrant, and a genetic disorder known as sickle cell trait. These factors added layers of complexity to both the criminal and civil proceedings.
Legal experts suggest that despite Penny's criminal acquittal, the civil case might yield different results due to varying standards of proof. Civil courts require only a preponderance of evidence rather than proof beyond a reasonable doubt.
The civil proceedings continue to highlight the broader discussion about public safety, mental health responses, and the use of force in public spaces. The case has drawn attention from various segments of society, including legal experts and community advocates.
The case of Daniel Penny, the Marine veteran who was acquitted of criminal charges in the subway chokehold death of Jordan Neely, has entered a new phase with the civil lawsuit filed by Neely's father. The incident, which occurred on a Manhattan subway car in May 2023, involved Penny's response to Neely's threatening behavior while the latter was experiencing a mental health crisis. As the legal proceedings continue, the outcome will likely influence future discussions about public safety measures and response protocols in similar situations.
