Daniel Penny Seeks Dismissal Of Civil Lawsuit Filed By Jordan Neely’s Father

Daniel Penny, who was acquitted of causing the death of Jordan Neely on a New York City subway, is seeking the dismissal of a civil lawsuit filed by Neely’s father.

Andre Zachery filed a lawsuit against Penny in December, shortly before a jury found Penny not guilty of criminally negligent homicide, demanding “judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.” Penny’s attorneys are seeking to get that lawsuit dismissed, Fox News reported.

Zachery, who was not a part of Neely’s life, alleged that Penny caused the death of his son and should pay him for it.

“All injuries or damages sustained by Plaintiff as alleged in the Verified Complaint, if any, were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff, and any recovery against this Defendant must be diminished in proportion to Plaintiff’s relative wrongdoing, fault, misfeasance, malfeasance, failure to exercise due care and/or other culpable conduct,” Penny’s attorneys wrote in response to the lawsuit, Fox reported.

Penny’s attorneys, Steven Raiser and Thomas Kenniff, also released a statement defending Penny against the charges brought against their client in what they described as the “largest and most resourced” district attorney’s office in America.

“The result was a full acquittal and a verdict that underscored New Yorkers’ belief in their right to defend themselves and their neighbors from random violence,” the attorneys told Fox News Digital. “We are committed to defending this ill-conceived civil action brought by Jordan Neely’s estranged father with the same vigor with which we defended the criminal case.”

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Penny was found not guilty on December 9, after the district attorney’s office dropped its second-degree manslaughter charge against him when the jury failed to return a verdict.

Jurors were initially tasked with determining whether Penny “recklessly” caused the death of Neely by using the chokehold – or second-degree manslaughter – or if he was guilty of criminally negligent homicide, a lesser charge that carried a maximum sentence of four years in prison. According to court documents, the lesser charge required the jury to determine Penny failed to recognize Neely’s life was at risk as he held him in the chokehold.

The manslaughter charge was dismissed the Friday before the jury reached its final verdict, and it took them less than an hour to return a not guilty verdict for the lesser charge of criminally negligent homicide.