Jordan Neely's father is questioning Daniel Neely over the strangulation death of his son on a New York City subway car, while a jury is still deliberating whether to convict Penny of manslaughter. I'm suing Penny.
The lawsuit, filed Wednesday in New York Supreme Court, accuses the Long Island Marine Corps veteran of causing the negligent touching, assault and battery that caused injuries and Neely's death last year.
Neely's father, Andre Zachary, “seeks a judgment awarding damages in an amount exceeding the jurisdictional limits of any lower court of competent jurisdiction,” according to the complaint.
The lawsuit was filed Wednesday after jurors in Penny's four-week Manhattan trial adjourned for the second time without reaching a verdict.
On May 1, 2023, a troubled homeless man began screaming at passengers on a crowded F train, severely frightening them before being strangled by 26-year-old Penny for 6 minutes and killed at 30 Mr. Neely, who was 10 years old, died.
Penny and other witnesses claimed that Neely told them he didn't care if he went back to prison and threatened to do so. “Kill your mother-uh.”
Defense attorneys argued that Neely died from a combination of schizophrenia, drug use, a genetic disorder and a conflict with Penny.
Meanwhile, prosecutors argued that Penny was “criminally reckless” and acted “overreach” while struggling with Neely.
The jury on Wednesday asked to review body camera footage of an NYPD officer who arrived at the scene as paramedics tried to resuscitate Neely, as well as video of his interrogation with detectives at the Penney station.
“I didn't mean to hurt him. I was just trying to keep him from hurting other people,” Penny told detectives in a videotaped interview shown to jurors. That's what we're taught in the Marine Corps,” he added.
Last month, Zachary left the courtroom after jurors were shown for the first time the infamous video of Penny strangling Jordan Neely before her son died.
The shocking footage has since been played in court more than a dozen times.
