The father of a homeless New York City man who was strangled to death by a Marine Corps veteran to stop a riot that included death threats against subway passengers is suing.
Jordan Neely, 30, died after being grabbed from behind by architecture student Daniel Penny, 26, in a headlock and pinned to the ground.
On Wednesday, jurors were deliberating Penny's fate in the manslaughter trial when Neely's father, Andre Zachary, announced the lawsuit. Neely's mother, Christine Neely, died when Neely was a child.
Daniel Penny trial: Key evidence jurors were asked to see again during deliberations
Jordan Neely's father Andre Zachery attends the trial of Daniel Penny at the Manhattan Criminal Courts Building on November 14, 2024 in New York City. (Adam Gray, Fox News Digital)
A copy of the complaint provided by Zachary's attorney, Donte Mills, alleges that Penny negligently assaulted and beat Neely, causing severe injuries and causing Neely's death.
One of Penny's attorneys said Thursday that his team has not yet been served with documents in the civil case.
Jordan Neely is pictured outside the Regal Cinemas on 8th Avenue and 42nd Street in New York's Times Square in 2009 before going to see the Michael Jackson movie “This Is It.” (Andrew Sabrich/New York Daily News/Tribune News Service via Getty Images)
“The timing is unfortunate because Danny is awaiting a verdict from the jury, which could far outweigh the threat of a civil lawsuit,” said Stephen Reiser. “We will not be distracted by attempts to attack Danny while he is under so much stress.”
Please read civil lawsuit:
If Penny is convicted of manslaughter, the most serious charge, he could be sentenced to up to 15 years in prison. Jurors spent much of the week deliberating his fate, asking the judge to rewatch video evidence and asking the judge, including the definitions of self-defense and recklessness needed to prove manslaughter, and the definition of negligence needed to prove manslaughter. asked for clarification of a number of legal terms. The lesser crime of criminally negligent homicide.
Manhattan DA downplays potential punishment for Daniel Penny as 'inappropriate and misleading': defense
Daniel Penny arrives at Manhattan Criminal Court on Thursday, December 5, 2024, in New York City. (Adam Gray, Fox News Digital)
Penny remains at the scene and describes the incident to detectives, describing Neely as “dumb,” but noting Neely's threats, erratic behavior, and recent string of violent subway crimes. expressed concern.
“He was talking gibberish…but they're shoving people in front of trains and stuff,” he told detectives. In the year before Penny met Neely, there were more than 20 subway crashes.
Penny did not testify at trial, so his cross-examination was the only direct comment shown to the jury in court.
Jordan Neely's father, Andre Zachary, will appear in Manhattan Supreme Court on Thursday, December 5, 2024. (Rashid Umar Abbasi, Fox News Digital)
California defense attorney Lara Yeretzian said Neely's father could potentially make more money in the lawsuit than in the criminal case.
“The family may be better off fighting it in civil court,” she told Fox News Digital. “We are no longer dealing with reasonable suspicion.”
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The standard of guilt in civil cases is much lower than in criminal cases. Prosecutors must convince jurors of criminal charges beyond a “reasonable doubt.” In civil cases, plaintiff's attorneys must prove their case based on overwhelming evidence that is likely not true.
Jurors concluded their third day of deliberations around 5 p.m. Thursday without reaching a verdict.
They will appear in court Friday at 9:45 a.m.
The Associated Press contributed to this report.
