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Jordan Neely’s Father Sues Former Marine Daniel Penny While NYC Jury Deliberates On Subway Chokehold Death

(Left) Daniel Penny leaves the courtroom after his arraignment hearing at New York State Supreme Court on June 28, 2023 in New York City. (Photo: Michael M. Santiago/Getty Images) / (CR) Donte Mills, the Neely family's attorney, speaks to the press outside Manhattan criminal court with Andre Zachery (CL), Jordan Neely's father. told. (Photo credit: YUKI IWAMURA/AFP via Getty Images)

OAN Staff Brooke Mallory
2:18pm – Thursday, December 5, 2024

As a jury considers whether to convict Daniel Penny of manslaughter, Jordan Neely's father is currently being held in custody after his son was strangled on a New York City subway car after Neely repeatedly threatened onlookers nearby. Penny is being sued for her son's death.

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The 26-year-old Long Island Marine Corps veteran was charged last year with negligent touching, assault and battery for causing injury and death to Neely, the charges filed Wednesday in New York Supreme Court.

According to the lawsuit, Neely's father, Andre Zachary, “seeks a judgment awarding damages in amounts that exceed the jurisdiction of all lower courts that would otherwise have jurisdiction.”

The verdict was handed down Wednesday after Penny's four-week trial in Manhattan was overturned for the second time after jurors failed to return a verdict.

May 1stcentIn 2023, Neely, 30, attacked Penny, 26, on a crowded F train after an agitated-looking homeless man began shouting at people and threatening those around him. He was strangled and died.

Another interesting detail is that while mainstream media reports that Penny choked him for approximately “six minutes,” actual witnesses at the scene told police that Penny restrained him for “approximately two minutes and 55 seconds.” The story revolves around the fact that he testified that ” BBC Reported in June 2023. One witness even recorded the strangulation on his cell phone.

According to Penny and other witnesses, Neely threatened to “kill my mother,” said he didn't care if he was sent back to prison, and declared that “someone” would “die today.”

Defense attorneys say Neely's death was caused by a combination of drug abuse, including synthetic marijuana, schizophrenia, a genetic disorder and physical pressure from Penny to avoid prosecution.

According to the Department of Behavioral Health, “Synthetic marijuana can cause hallucinations, anxiety, paranoia, confusion, increased heart rate, unconsciousness, and even death. [It] A person can become incoherent, disorganized, and aggressive. The effects can last for hours, and the types of synthetic marijuana are constantly changing, making it very difficult for doctors to treat. ”

But prosecutors argue that Penny went “too far” and was “criminally reckless” in his fight with Neely.

On Wednesday, jurors again asked to see Penny's interrogation with investigators inside the station and body camera footage of NYPD officers arriving at the scene while paramedics tried to resuscitate Neely.

An anonymous law enforcement source reportedly said that Neely was still alive when paramedics arrived, but they were reluctant to touch him because the wound was open and smelled of feces and urine. . Nevertheless, this claim has not been confirmed and is just hearsay.

Vivek Ramaswamy, who will soon join Elon Musk as head of the new Department of Government Efficiency (DOGE), has previously expressed his thoughts on the issue. fox news last year.

Some legal experts, such as Jeffrey Lichtman, a New York defense attorney who has previously defended drug lord El Chapo and gangster suspect John Gotti Jr., don't believe the case will be resolved. He argued that prosecutors had little chance of success in their case against Penny because the state would have to prove that the defendant knew that Penny's actions could result in death, but that It is extremely difficult to prove that, he said.

“He didn't sneak up behind him and hit him in the head with a brick or a baseball bat,” Lichtman said, noting that Neely could have given in and ended the struggle even though he was pinned down.

Penny's statement to investigators had previously been read out in court.

“I didn't mean to hurt him. I was just trying to keep him from hurting other people,” Penny told detectives on videotape shown to jurors. He also said, “That's what we're taught in the Marine Corps.”

“I was scared myself, but I looked around and saw women and children and he was yelling at them, making these threats, and I just couldn't sit still,” Penny said. added.

“I just wanted to keep him away from people.”

Police also told reporters the following specifically: CBS NewsPenny said he told other passengers during the struggle to call 911 immediately before placing Neely in a “recovery” position.

“If someone is conscious, breathing, and has no other life-threatening conditions, they should be placed in the recovery position. Placing someone in the recovery position keeps their airways clear and open. Also, You won't choke on vomit or liquids. NHS-UK.

Last week, New York City Mayor Eric Adams defended the former Marine on a podcast.

Meanwhile, social media users commented on the ongoing trial and recent news regarding Neely's father's lawsuit, which has received significant media attention.

“Jordan Neely's parents are suing Daniel Penny over their son's death. Never mind the coroner's report.” Never mind the fact that when he was brought in, they abandoned him instead of institutionalizing him and forced him to live on the streets for years.”

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