“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,” Penny’s attorney said. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”
The father of a homeless man who died after a military veteran put him in a chokehold on the New York City subway has filed a wrongful death lawsuit against the 26-year-old student implicated in his death.
According to Reuters, defendant Daniel Penny is a U.S. Marine Corps veteran who is currently studying architecture. In May, Penny was riding the subway when Jordan Neely boarded the train and began threatening other passengers. Attorneys for Penny say that Neely threatened to kill several people, indicating that he was “ready to die” or go to jail for life.
“He was yelling in their faces saying these threats,” Penny said in a statement released by his attorneys. I just couldn’t sit still.”
Penny put the man into a chokehold, holding him until he lapsed into unconsciousness. He later passed away. Penny remained at the scene, where he described Neely to detectives as an erratic “crackhead.”
“He was talking gibberish,” Penny purportedly said.
“But these guys are pushing people in front of trains and stuff,” Penny said, alluding to the 20 or more incidences of persons being pushed in front of New York City subway trains in the last year.
Neely’s death sparked racial injustice-related protests, with some activists criticizing what they believe to have been a disproportionate and inappropriate level of force.
Penny is white, whereas Neely was black.
Penny is currently on trial for second-degree manslaughter and negligence homicide, and is now facing a lawsuit filed by Neely’s father, Andre Zachery.
“The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny’s negligence,” the complaint alleges.
Zachery is seeking a judgment and damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.”
Attorneys for Penny have said that they have not yet been served the complaint. Nevertheless, they criticized the timing of the lawsuit, saying that the outcome of Penny’s criminal trial should take precedence.
“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,” Penny’s attorney said. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”
The Associated Press notes that the incident has widened political divisions, with some calling Penny a hero. Others, in response, have said that the killing was unjustified—and underlain by racial implications.
Before the incident, Neely had been arrested dozens of times for theft and fare evasion. He had also been implicated in assaults on at least three women.
The father of a homeless man who died after a military veteran put him in a chokehold on the New York City subway has filed a wrongful death lawsuit against the 26-year-old student implicated in his death.
Sources
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Jordan Neely’s dad files lawsuit against Daniel Penny after subway chokehold
Man charged in NYC subway chokehold death set to stand trial
Man indicted in chokehold death of New York subway rider Jordan Neely, prosecutor confirms
Prosecutor says veteran’s subway chokehold went ‘too far.’ Defense says his ‘courage’ helped others
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