The father of the victim at the center of the fatal New York City has sued the defendant as a Manhattan jury continues to deliberate the case Thursday.
Jordan Neely 鈥檚 father, Andre Zachary, filed the suit Wednesday against Marine veteran in New York Supreme Court.
He accuses the Long Island native of negligence, assault and battery, which led to the death of his unarmed, 30-year-old son on May 1, 2023, on an underground train.
The then-24-year-old Penny placed Neely in a chokehold for about six minutes after Neely, who was homeless, began shouting and acting erratically on the crowded train.
Zachary is seeking a judgment awarding damages 鈥渋n a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,鈥� according to the lawsuit.
Penny鈥檚 lawyer Steven Raiser dismissed the suit as a distraction.
鈥淭he 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,鈥� he said in a statement Thursday, adding that Penny had not yet been served the complaint. 鈥淲e will not be distracted by this attempt to attack Danny while he is under such tremendous stress.鈥�
Lawyers for Zachary didn鈥檛 immediately respond to an email seeking comment.
The third day of began on Thursday with the jury continuing to hear a readout of a city medical examiner鈥檚 testimony during the monthlong trial. They then headed back into their closed-door discussions.
Jurors have relistened to Dr. Cynthia Harris鈥� testimony about issuing a death certificate for Neely after conducting an autopsy and reviewing the bystander鈥檚 video and investigative findings.
Penny鈥檚 defense focused, in large part, on challenging the city medical examiner鈥檚 office鈥檚 that the chokehold killed Neely.
A defense Neely died from using synthetic marijuana, also known as 鈥淜2,鈥� along with schizophrenia, a genetic condition and his struggle with Penny.
On Wednesday, jurors asked to review the police and bystander video, including the responding officers鈥� body camera videos and police video of Penny鈥檚 subsequent station house interview with detectives.
Penny has to manslaughter and criminally negligent homicide.
Prosecutors say he recklessly squeezed Neely鈥檚 neck too hard and for too long, but Penny鈥檚 lawyers maintain his actions were justified in protecting fellow subway riders.
Penny and some passengers recalled Neely had ranted about being willing to die, willing to go jail 鈥� even willing to kill.
The case has been a flashpoint in over race relations, public safety, homelessness and mental illness.
Some have cast Penny as a valiant protector while others view the now 26-year-old architecture student as a white vigilante who summarily killed a troubled Black man in need of help.
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Philip Marcelo, The Associated Press
