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Daniel Penny’s legal team is now seeking to have a civil lawsuit filed by Jordan Neely’s father, Andre Zachery, dismissed and is asking him to cover the legal costs. The lawsuit was filed in December, alleging that Penny negligently assaulted, battered, and seriously injured Neely, leading to his death.
Penny was acquitted of criminally negligent homicide in December 2024 after a jury trial. Neely had died in 2023 after being put in a chokehold by Penny on a Manhattan subway car. Penny’s lawyers, Steven Raiser and Thomas Kenniff, argue that Neely’s own actions, including his violent and threatening behavior, contributed to his own death.
In a statement, Penny’s lawyers said they were committed to defending the civil action with the same vigor they had defended the criminal case. They argued that any injuries or damages suffered by Neely were caused in whole or in part by his own culpable conduct, negligence, carelessness, and lack of care.
Penny’s acquittal in the criminal case was seen as a significant victory, with some experts predicting that Neely’s family may fare better in civil court, where the standard of proof is lower. However, Penny’s lawyers are committed to defending the civil action and believe that their client was justified in using force to defend himself and others from the violent behavior of Neely, who was high on a synthetic drug known as K2 and had a history of psychosis and a lengthy criminal record.