Ex-Marine acquitted in New York subway choking case seeks dismissal of lawsuit filed by victim’s father
NEW YORK (AP) — The former U.S. Marine who was acquitted of criminal charges in the death of a New York subway man last month is seeking to dismiss a lawsuit filed by the victim’s father.
Daniel Penny’s attorney said in a court filing Monday that his client denies allegations in the lawsuit that the 26-year-old man was charged with murdering Jordan Neely on a crowded train. He was liable for civil damages for shouting and behaving erratically and choking him.
Andre Zachery filed a lawsuit last month before a jury acquitted Penny in a criminal trial, charging the Long Island native with neglect, assault and battery for choking him The 30-year-old son’s neck was pressed for about six minutes, leading to the son’s death.
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But Penny’s lawyer, Steven Reiser, said in his legal filing that “all injuries or damages” were caused by Neely’s “negligent conduct, negligence, carelessness and lack of care.”
Reiser said in a statement that Penny continues to maintain his innocence and that his acquittal “underscores New Yorkers’ belief in their right to protect themselves and their neighbors from random violence.”
“We are committed to defending this ill-conceived civil lawsuit brought by Jordan Neely’s estranged father with the same vigor as we would defend the criminal case,” he added.
Zachery’s attorney did not immediately respond to an email seeking comment Tuesday, but has previously noted that the burden of proof is lower in civil court cases than in criminal cases.
Zachery is seeking unspecified damages in the lawsuit filed in state Supreme Court.
The case sparked national debate, with some praising Penny as a hero for subduing a threatening man, while others viewed him as a white vigilante who choked a black man.
A Manhattan jury convicted Penny of criminally negligent homicide. A more serious manslaughter charge was dismissed when the jury deadlocked on that count.
Penny, who went on to study architecture after serving four years in the Marine Corps, did not defend himself. But he said in an interview after the verdict that he put himself in a “very vulnerable position” during his encounter with Neely but still felt compelled to take action.
