Daniel Penny’s authorized workforce desires a civil decide to dismiss the lawsuit filed by Jordan Neely’s father – and make him cowl the authorized prices – after Penny was acquitted of criminally negligent murder for a chokehold that put an finish to a violent outburst of dying threats on a Manhattan subway automotive.
Andre Zachery sued Penny in December, alleging that Penny negligently assaulted, battered and significantly injured Neely, inflicting his dying.
“All accidents or damages sustained by Plaintiff as alleged within the Verified Criticism, if any, have been triggered in complete or partially by the culpable conduct, negligence, carelessness, and lack of care on the a part of Plaintiff, and any restoration in opposition to this Defendant have to be diminished in proportion to Plaintiff’s relative wrongdoing, fault, misfeasance, malfeasance, failure to train due care and/or different culpable conduct,” Penny’s attorneys countered in a solution to the lawsuit filed on Monday.
DANIEL PENNY FOUND NOT GUILTY IN SUBWAY CHOKEHOLD TRIAL
Daniel Penny and his attorneys Steven Raiser and Thomas Kenniff arrive at Manhattan Prison Court docket in New York Metropolis on Thursday, Dec. 5, 2024. Jurors later acquitted him of criminally negligent murder within the dying of Jordan Neely. (Adam Grey for Fox Information Digital)
Zachery’s lawyer didn’t instantly reply to a request for remark.
The submitting comes a month after Penny’s acquittal in a high-profile and controversial manslaughter trial. Prosecutors requested the court docket to dismiss the highest cost of manslaughter to keep away from a hung jury, and jurors in the end discovered Penny not guilty of the lesser cost.
Penny, a 26-year-old Marine veteran and structure pupil, was charged for the subway chokehold dying of Neely, a 30-year-old homeless man with schizophrenia who barged onto the prepare shouting dying threats whereas excessive on a kind of artificial marijuana often known as K2. It occurred on Could 1, 2023.
JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY
Jordan Neeley’s father, Andre Zachery arrives at Manhattan Supreme Court docket Thursday, December 5, 2024. Zachary’s son, Jordan Neely died in 2023 after being put in a chokehold by Daniel Penny on a NYC subway. (Rashid Umar Abbasi for Fox Information Digital)
Neely had a prolonged criminal record, an energetic arrest warrant, a historical past of psychosis and was excessive. He additionally had the sickle cell trait genetic dysfunction.
Subway crime has plagued town lately, and there was an environment of worry amongst riders.
Simply three days earlier, a straphanger had been stabbed with an ice decide on a J prepare, in keeping with reports from the time. It was a few month after a PBS reporter obtained sucker punched on a No. 4 prepare. There was a shove every week earlier than that, and the sufferer hit the facet of a transferring R prepare and survived.
Learn Daniel Penny’s verified answer to the civil criticism from Jordan Neely’s father
In that local weather of worry, witnesses stated they have been terrified by Neely, who shouted dying threats at them.
However authorized consultants have predicted Neely’s household might fare higher in civil court docket, the place there’s a decrease customary of guilt.
Daniel Penny was invited to hitch Donald Trump and J.D. Vance on the Military-Navy school soccer sport after his acquittal. ( X/@DanScavino)
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Prosecutors need to persuade jurors of legal fees past “cheap doubt.” In a civil case, the plaintiff’s attorneys should show their case primarily based on a “preponderance of proof,” extra possible true than not.
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