Daniel Penny, a former Marine on trial for the Manhattan subway death of Jordan Neely, now faces a separate civil lawsuit from Neely’s father alleging negligence, assault, and battery as a jury deliberates Penny’s fate in the criminal case.
Neely, a 30-year-old homeless man, died on May 1, 2023, after Penny restrained him in a chokehold for nearly six minutes on a crowded subway. The civil lawsuit was filed Wednesday at the New York Supreme Court by Andre Zachary, Neely’s father, and coincides with jury deliberations in Penny’s criminal trial over the high-profile incident.
Zachary’s civil suit came just before the jury entered its third day of deliberations in Penny’s trial on Thursday. They are weighing whether to find him innocent or guilty of second-degree manslaughter…