Andre Zachery accuses Mr. Penny of causing his son’s death due to negligence, carelessness, and recklessness during a chokehold incident on a subway train.
The incident escalated when Mr. Neely approached Mr. Penny and began yelling at him. Mr. Penny, feeling threatened, put Mr. Neely in a chokehold. Witnesses said that Mr. Neely appeared to be unconscious as Mr. Penny released him and left the train at the next stop. Emergency medical personnel arrived at the scene, but Mr. Neely was pronounced dead.The medical examiner’s office later determined that Mr. Neely died from asphyxiation, with contributing factors including heart disease and drug use. Mr. Penny was arrested and charged with manslaughter, but has maintained that he acted in self-defense.Mr. Penny’s trial began in late February, with both sides presenting their cases to the jury. The prosecution argued that Mr. Penny used excessive force and was not justified in using a chokehold on Mr. Neely. The defense contended that Mr. Penny feared for his safety and acted in self-defense.The jury began deliberating on Wednesday and is expected to reach a verdict soon. If convicted, Mr. Penny could face up to 25 years in prison.Meanwhile, Mr. Zachery’s lawsuit against Mr. Penny seeks to hold him accountable for his son’s death. The lawsuit alleges that Mr. Penny’s actions were negligent and reckless, leading to Mr. Neely’s untimely demise. Mr. Zachery is seeking unspecified damages for physical assault and battery, although the exact amount is not specified in the lawsuit.Mr. Zachery’s lawyer, Donte Mills, has refrained from commenting on the lawsuit, indicating that they are focused on the legal proceedings. Mr. Penny’s legal team, led by Thomas A. Kenniff, is concentrating on defending Mr. Penny in the criminal trial and has not yet been served with the civil action. They plan to respond to the lawsuit in due course, once they have been officially served with the legal documents.The tragic death of Jordan Neely on a New York City subway car has sparked legal battles in both the criminal and civil realms. As the jury deliberates in Mr. Penny’s trial, the outcome will determine his fate in the criminal justice system. Simultaneously, Mr. Zachery’s lawsuit against Mr. Penny aims to seek justice for his son and hold the responsible party accountable for the tragic loss. The legal proceedings will continue to unfold as the parties involved await the final verdicts in both the criminal trial and the civil lawsuit.
Source: The NY Times
