Daniel Penny’s legal team wants a civil judge to dismiss a lawsuit filed by Jordan Neely’s father — and make him pay legal fees — after Penny was acquitted of manslaughter charges over a choking threat that stopped a violent outpouring of death threats against a Manhattan subway car .
Andre Zachery sued Penny in December, alleging that Penny negligently assaulted, beat and seriously injured Neely, causing his death.
“All injuries or damages suffered by the plaintiff, as alleged in the verified complaint, if any, were caused in whole or in part by the tortious conduct, negligence, carelessness and lack of care on the part of the plaintiff, and any recovery against this defendant must be reduced proportionately plaintiff’s relative wrongdoing, culpability, abuse, misuse, failure to exercise due care, and/or other criminal conduct,” the Pennys responded attorneys in a response to the lawsuit filed Monday.
DANIEL PENNY FOUND NOT GUILTY AT SUBWAY CHOKING TRIAL
Daniel Penny and his attorneys Steven Raiser and Thomas Kenniff arrive in Manhattan Criminal Court in New York on Thursday, Dec. 5, 2024. Jurors later acquitted him of manslaughter in the death of Jordan Neely. (Adam Gray for Fox News Digital)
Zachery’s attorney did not immediately respond to a request for comment.
The filing comes a month after Penny’s acquittal in a high-profile and controversial manslaughter trial. Prosecutors asked the court to dismiss the main charge of manslaughter to avoid a hung jury, and jurors eventually found for Penny he is not guilty less charge.
Penny, a 26-year-old Marine Corps veteran and architecture student, is charged in the death of Neely, a 30-year-old homeless man with schizophrenia on the subway who stormed a train while high on a type of synthetic marijuana. known as K2. It happened on May 1, 2023.
JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY
Jordan Neeley’s father, Andre Zachery, arrives in Manhattan Supreme Court Thursday, Dec. 5, 2024. Zachary’s son, Jordan Neely, died in 2023 after being strangled by Daniel Penny on the New York City subway. (Rashid Umar Abbasi for Fox News Digital)
Neely had a long criminal recordactive warrant, history of psychosis and was high. He also had a genetic disorder called sickle cell trait.
Subway crime has plagued the city in recent years, and there is an atmosphere of fear among riders.
Just three days earlier, a straphanger was stabbed with an ice pick on the J train, according to reports from the time. It was about a month after the PBS reporter got it naivety struck on train number 4. There had been a push a week before and the victim had hit the side of a moving R train and survived.
Read Daniel Penny’s verified answer to a civil lawsuit by Jordan Neely’s father
In that atmosphere of fear, witnesses said they were terrified of Neely threatening to kill them.
But legal experts predict Neely’s family might fare better in civil court, where the standard of guilt is lower.
Daniel Penny was invited to join Donald Trump and JD Vance at the Army-Navy College football game following his acquittal. (X/@DanScavino)
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Prosecutors must convince jurors of criminal charges beyond a “reasonable doubt.” In a civil case, plaintiffs’ attorneys must prove their case by a “preponderance of the evidence,” which is more likely to be true than not.
