A former U.S. Marine who was recently acquitted of criminal charges in connection with the death of a man on a New York City subway train is now seeking to have a civil lawsuit brought against him dismissed. The lawsuit was filed by the victim's father following the tragic incident.
The 26-year-old Marine, Daniel Penny, denies the claims made in the lawsuit, which allege that he is responsible for civil damages resulting from his use of a chokehold on 30-year-old Jordan Neely. The incident occurred on a crowded train on May 1, 2023, when Neely was reportedly behaving erratically and shouting.
Penny's lawyer argues that all injuries and damages were a result of Neely's own actions, including negligence and lack of care. The lawyer emphasized Penny's innocence and highlighted the acquittal in the criminal trial as a validation of his client's right to self-defense.
The victim's father, Andre Zachery, has accused Penny of negligence, assault, and battery for allegedly applying a chokehold on his son for approximately six minutes, leading to Neely's death. Zachery is seeking unspecified damages in the civil suit filed in state Supreme Court.
The case has sparked a national debate, with differing opinions on Penny's actions. Some view him as a hero who intervened in a threatening situation, while others criticize him as a vigilante who used excessive force against a Black man.
Penny was cleared of criminally negligent homicide by a Manhattan jury, and a manslaughter charge was dismissed after the jury could not reach a unanimous decision on that count. Despite not testifying during the trial, Penny expressed in an interview his vulnerability during the encounter with Neely and his belief in the necessity of his actions.
