US Marine Acquitted of Murder Seeks to Dismiss Lawsuit from Victim’s Father
Background
Daniel Penny, a former US Marine, was acquitted of criminal charges in the death of Jordan Neely on a New York City subway train. The incident occurred on May 1, 2023.
Lawsuit Filed by Victim’s Father
Andre Zachery, the father of Jordan Neely, has filed a lawsuit against Daniel Penny, accusing him of negligence, assault, and battery. The lawsuit claims that Penny’s actions led to Neely’s death after he placed him in a chokehold for about six minutes on the crowded train.
Penny’s Defense
Daniel Penny’s lawyer, Steven Raiser, has filed a response to the lawsuit, denying the claims and stating that all injuries or damages were caused by Neely’s "culpable conduct, negligence, carelessness, and lack of care." Raiser has maintained that Penny’s acquittal in the criminal trial "underscored New Yorkers’ belief in their right to defend themselves and their neighbors from random violence."
Response to Lawsuit
Raiser stated that Penny continues to maintain his innocence and is committed to defending himself against the civil action. He has expressed his determination to defend the action "with the same vigor with which we defended the criminal case."
Lower Burden of Proof in Civil Court
Lawyers for Zachery have noted that civil court cases have a lower burden of proof than criminal ones. The lawsuit seeks unspecified damages in state Supreme Court.
Controversial Case
The case has sparked national debate, with some hailing Penny as a hero who subdued a threatening man, while others see him as a white vigilante who choked a Black man to death. A Manhattan jury cleared Penny of criminally negligent homicide, and a more serious manslaughter charge was dismissed when the jury deadlocked on that count.
Conclusion
The case highlights the ongoing debate around the use of force and self-defense in the face of perceived threats. As the legal proceedings continue, it remains to be seen how the courts will ultimately decide the fate of Daniel Penny and the family of Jordan Neely.
Frequently Asked Questions (FAQs)
Q: What is the legal basis for the lawsuit brought by Jordan Neely’s father?
A: The lawsuit claims negligence, assault, and battery on the part of Daniel Penny, resulting in Neely’s death.
Q: What is Daniel Penny’s response to the lawsuit?
A: Penny’s lawyer, Steven Raiser, denies the claims and argues that all injuries or damages were caused by Neely’s "culpable conduct, negligence, carelessness, and lack of care."
Q: What is the current status of the legal proceedings?
A: The case is ongoing, with a hearing scheduled in state Supreme Court.
