After being acquitted of negligent homicide charges, Danny Penny is facing a civil lawsuit filed by Jordan Neely’s father, Andre Zachary.
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Zachary filed a wrongful death claim during Penny’s trial, accusing Penny of fatally assaulting Neely with a chokehold on May 1, 2023. According to the New York Post, the lawsuit seeks unspecified damages and questions Penny’s use of force during the subway confrontation, which was recorded on video. Penny did not testify during his trial but will have to participate in depositions and could be called to testify if the case goes to trial.
Jordan Neely entered foster care in 2007 after the death of his mother. When he turned 18, he lived with Zachary, but their relationship became strained due to disputes over financial matters. In the later years of his life, Neely experienced homelessness and struggled with mental health issues. Penny’s attorneys, Tom Kenniff and Steven Raiser, stated that they approach the civil case similarly to the criminal case.
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“The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten. We will not be distracted by this attempt to attack Danny while he is under such tremendous stress,” Raiser said in a statement last week.
In response to Penny’s verdict, Zachary said, “What are we going to do people? What’s going to happen to us now? I’ve had enough of this. The system is rigged.”
