Neely’s estranged father, Andre Zachary, has filed a civil lawsuit against Daniel Penny, who was acquitted of criminal charges in Jordan Neely’s death.
According to the New York Post, This lawsuit introduces new challenges, as the burden of proof in a civil case is significantly lower than in a criminal trial.
The incident at the heart of the legal dispute occurred on May 1, 2023, aboard an F train in New York City. During the encounter, Penny applied a chokehold to Neely, which ultimately proved fatal. Neely, a 30-year-old man with a troubled past, was described as behaving aggressively on the subway before the altercation. The event, captured on video, sparked intense public debate and legal scrutiny.
Andre Zachary actively filed a civil lawsuit on December 4, 2023, accusing Daniel Penny of wrongful death. The civil case requires the jury to decide whether it is “more likely than not” that Penny’s actions caused Jordan Neely’s death, unlike the criminal trial, which demanded proof beyond a reasonable doubt. Six Manhattan residents will serve as the jury, and five votes will determine the outcome.
The lawsuit challenges Penny’s decision to use a chokehold and whether he ignored calls from others to release Neely. Donte Mills, Zachary’s lawyer, emphasized the difference in legal standards and stated that the civil case will focus on Penny’s prolonged use of the chokehold.
Attorneys Tom Kenniff and Steven Raiser, who lead Daniel Penny’s legal team, have vowed to defend the civil case as vigorously as they did the criminal trial. They have called both the criminal charges and the civil claims unjust and pledged to avoid any compromise.
Legal experts highlight that the jury can still find Daniel Penny liable in the civil suit, even though he was acquitted in the criminal trial. Legal analyst Rich Schoenstein stated that the reduced burden of proof gives the plaintiffs an advantage, despite Penny’s criminal trial acquittal.
Neely’s upbringing was marked by significant hardship. After his mother died in 2007, he entered the foster care system. At 18, he briefly lived with his father, but the relationship deteriorated due to disputes over finances and personal matters. Reports indicate that Zachary took Neely’s house keys during one of their arguments.
Zachary’s role as the plaintiff has drawn criticism, given his limited involvement in Neely’s life. However, his legal team contends that this aspect will not diminish the validity of the wrongful death claim. Lanny Davis, a legal expert, emphasized the importance of Penny addressing his rationale for applying the chokehold that led to Neely’s death.
Daniel Penny will give a deposition and may testify in court during the upcoming trial, unlike the criminal case where he chose not to take the stand. Legal experts predict that Penny’s justification for his actions will become a key focus of the proceedings.
The video of the subway incident will likely serve as crucial evidence in the case. The footage captures Penny restraining Jordan Neely while bystanders record the scene. The plaintiff’s attorneys argue that Penny’s actions went too far, and the jury will decide if his use of force was justified.
The civil lawsuit has reignited debates about public safety, mental health, and the use of force in public spaces. Neely, known for his Michael Jackson impersonations, had struggled with homelessness and mental health issues in the years leading up to his death. His behavior on the train that day, described as aggressive, adds complexity to the case.
John Q. Kelly, another legal analyst, warned that Penny cannot rely on the criminal trial’s outcome to sway the jury. “There might be jurors who think he was trying to go ‘Rambo,’” Kelly said, suggesting that public perception could influence the trial.
The case clearly highlights the stark differences between criminal and civil trials. While Penny’s acquittal eliminated the risk of criminal penalties, it also introduced, through the civil lawsuit, the possibility of financial liability. Moreover, experts emphasize that this legal battle revolves around the specific standards of civil litigation.
If the trial proceeds, both sides will have the opportunity to present their narratives. On one hand, the plaintiff’s legal team will argue that Penny’s actions directly caused Neely’s death. On the other hand, Penny’s defense will likely focus on the chaotic circumstances and his intent to protect other passengers.
As the legal process continues, observers will undoubtedly follow the case closely, not only for its legal significance but also for its broader impact on debates about public safety and accountability. Ultimately, the jury will decide whether Penny’s actions were legally justified or if he will face liability for wrongful death.
