Jordan Neely's father is suing Daniel Penny over his son's death as the jury remains in deliberations over whether to convict Penny of manslaughter, the New York Post first reported Wednesday.
Penny, 26, is facing manslaughter charges in the May 1, 2023, subway death of Neely, 30, a homeless man who had been reportedly threatening passengers.
Neely's father, Andre Zachary filed the suit in New York Supreme Court on Wednesday, which accuses Penny of negligent contact, assault, and battery that caused injuries and ultimately Neely's death last year. Zachary is demanding "judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction," according to the lawsuit.
Prosecutors allege Neely was acting erratic but nonviolent when Penny pulled him to the ground and placed him in chokehold. Neely eventually died later. Lawyers for Penny argued their client was courageous in defending other subway passengers against a "seething, psychotic" man who was frightening them.
Penny's defense has argued Neely died from schizophrenia, drug use, a genetic condition and the struggle with Penny. Prosecutors have staked their case on Penny being "criminally reckless" and went "way too far" when trying to restrain Neely.
Penny told the New York Post in May of 2023 that he felt no shame for his actions, which he described as having "nothing to do with race."
"I'm deeply saddened by the loss of life," he said at the time. "It's tragic what happened to him. Hopefully, we can change the system that's so desperately failed us."
Closing statements are expected to begin Dec. 2. Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide. He faces up to 15 years in prison if convicted on the top charge.