Danielle Penny's lawyers are asking a civil judge to dismiss the lawsuit brought by Jordan Neely's father and make him pay his legal costs after he was found not guilty of manslaughter by strangulation. Manhattan subway car.
Andre Zachery sued Penny in December, alleging that he negligently assaulted and beat Neely, causing serious injuries and death.
“All injuries or damages sustained by Plaintiff alleged in the Confirmed Complaint shall be due in whole or in part to the culpable conduct, negligence, negligence, or lack of care on the part of Plaintiff and any and all damages against this Defendant.'' The amount shall be reduced in proportion to the plaintiff's relative wrongdoing, negligence, tort, misconduct, failure to exercise due care, and/or other culpable conduct. ” Penny's attorney countered in a response to the lawsuit filed Monday.
Daniel Penny found not guilty in subway chokehold trial
Daniel Penny and attorneys Stephen Reiser and Thomas Kenniff appeared in Manhattan Criminal Court on Thursday, December 5, 2024, in New York City. A jury later acquitted Penny of manslaughter in the death of Jordan Neely. (Adam Gray, Fox News Digital)
Zachery's attorney did not respond to a request for comment.
The indictment comes a month after Penny was acquitted in a high-profile and controversial manslaughter trial. Prosecutors asked the court to dismiss the top charge of manslaughter to avoid a hung jury, and jurors ultimately found Penny not guilty on the lower charges.
Penny, a 26-year-old Marine Corps veteran and architecture student, was on the subway when Neely, a 30-year-old homeless man with schizophrenia, barged onto the train while high on some type of synthetic marijuana and screaming death threats. He was charged with suffocation. Commonly known as K2. It happened on May 1, 2023.
Jordan Neely's father files lawsuit against Daniel Penny
Jordan Neely's father, Andre Zachery, will appear in Manhattan Supreme Court on Thursday, December 5, 2024. Zachary's son, Jordan Neely, was strangled to death by Daniel Penny on a New York City subway in 2023. (Rashid Umar Abbasi, Fox News Digital)
Neely was long criminal historyactive arrest warrant, and history of mental illness were high. He also had the genetic disease sickle cell trait.
Subway crime has plagued the city in recent years, creating an atmosphere of fear among passengers.
Just three days ago, a man was stabbed with an ice pick on a strap on the J train. Report at the time. This was about a month after the PBS reporter was interviewed. sucker punch Take train number 4. A week earlier, there had been a shoving incident in which the victim collided with the side of a moving R train. and survived.
Read Daniel Pennys verified answer against civil lawsuit from Jordan Neely's father
In that atmosphere of fear, witnesses said they were frightened by Neely, who kept shouting death threats.
But legal experts predict Neely's family may be better off in a civil trial with a lower standard of guilt.
After his acquittal, Daniel Penny was invited to attend an Army-Navy college football game with Donald Trump and J.D. Vance. (X/@DanScavino)
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Prosecutors must convince jurors of criminal charges beyond a “reasonable doubt.” In civil cases, plaintiff's attorneys must prove their case based on a “preponderance of the evidence,” which is likely not true.
