NYC Subway Chokehold Case: Ex-Marine Fights Civil Suit

Daniel Penny, the former U.S. Marine acquitted of criminal charges in the death of Jordan Neely on a NYC subway, is now seeking to dismiss a civil lawsuit filed by Neely's father, Andre Zachery.

The Case:

Zachery's lawsuit accuses Penny of negligence, assault, and battery, alleging that Penny's chokehold on Neely, which lasted about six minutes, led to Neely's death. The incident occurred on May 1, 2023, on a crowded train. Neely was reportedly shouting and acting erratically.

Penny's Defense:

Penny's lawyer argues that Neely's own actions were responsible for his death and denies any liability. The lawyer contends that Penny acted in self-defense and in defense of others, highlighting the acquittal in the criminal trial as evidence of this.

Legal Battle:

The civil lawsuit, filed in state Supreme Court, seeks unspecified damages. Civil court cases have a lower burden of proof than criminal cases, meaning that the plaintiff (Neely's father) has a lower bar to meet than was needed to convict Penny in the criminal trial. This case continues to spark debate nationwide, with strong opinions on both sides of the issue. Penny maintains his innocence.

The Manhattan jury's verdict cleared Penny of criminally negligent homicide, while a more serious manslaughter charge ended in a hung jury.