The father of the victim in the fatal New York City subway chokehold sued the defendant as a jury continued to deliberate the case. Jordan Neely's father, Andre Zachary, filed the suit against Marine veteran Daniel Penny, reports the Associated Press. He accuses Penny of negligence, assault and battery, which led to the death of his unarmed, 30-year-old son on May 1, 2023. The then-24-year-old Penny placed Neely in a chokehold for six minutes after Neely, who was homeless, began shouting and acting erratically on the crowded train. Penny’s lawyer Steven Raiser dismissed the suit as a distraction. “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,” he said. On Friday, the jury appeared to be deadlocked.
“What gave Daniel Penny the right to choke Jordan nearly for six minutes?” said Jordan's uncle, Christopher Neely. “He had an option to go to another car. He had the option to say something and not do nothing.” The third day of deliberations ended Thursday without a verdict. Penny’s defense focused on challenging the city medical examiner’s office’s finding that the chokehold killed Neely. A defense pathologist testified that Neely died from using synthetic marijuana, also known as “K2,” along with schizophrenia, a genetic condition and his struggle with Penny. Prosecutors say he recklessly squeezed Neely’s neck too hard and for too long. Penny’s 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 — even willing to kill.
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