News12 New York
N12 Originals
Numbers & Links
Local
Crime
Weather
Politics
Partly Cloudy Night
61°
Local
Crime
Weather
Politics

Ex-Marine acquitted in NYC subway chokehold case seeks dismissal of suit brought by victim's father

Daniel Penny' s lawyer, in a court filing Monday, said his client denies the lawsuit's claims that the 26-year-old is culpable for civil damages for using a chokehold on Jordan Neely while Neely was shouting and acting erratically on a crowded train on May 1, 2023.

Associated Press

Jan 7, 2025, 6:47 PM

Updated

Share:

More Stories

The former U.S. Marine acquitted last month of criminal charges in the death of a man on a New York City subway train is seeking to dismiss a lawsuit brought by the victim's father.

Daniel Penny' s lawyer, in a court filing Monday, said his client denies the lawsuit's claims that the 26-year-old is culpable for civil damages for using a chokehold on Jordan Neely while Neely was shouting and acting erratically on a crowded train on May 1, 2023.

Andre Zachery, in a suit filed last month before a jury cleared Penny in the criminal trial, accused the Long Island native of negligence, assault and battery for placing his 30-year-old son in a chokehold for about six minutes, leading to his son's death.

But Penny's lawyer Steven Raiser, in his legal filing, said "all injuries or damages" were caused by Neely's "culpable conduct, negligence, carelessness, and lack of care."

Raiser, in a statement, said Penny continues to maintain his innocence and that his acquittal "underscored New Yorkers' belief in their right to defend themselves and their neighbors from random violence."

"We are committed to defending this ill-conceived civil action brought by Jordan Neely's estranged father with same the vigor with which we defended the criminal case," he added.

Lawyers for Zachery didn't immediately respond to an email seeking comment Tuesday, but have previously noted that civil court cases have a lower burden of proof than criminal ones.

Zachery seeks unspecified damages in the suit filed in state Supreme Court.

The case sparked national debate, with some hailing Penny as a hero who subdued a threatening man while others saw him as a white vigilante who choked a Black man to death.

A Manhattan jury cleared Penny of criminally negligent homicide. A more serious manslaughter charge was dismissed when the jury deadlocked on that count.

Penny, who served four years in the Marines before going on to study architecture, didn't testify in his own defense. But he said in an interview after the verdict that he put himself in a "very vulnerable position" in the encounter with Neely yet still felt compelled to act.

Top Stories

01:45
jackie tuckahoe

Westchester DA releases findings in investigation of Tuckahoe police response to crash involving retired police chief's wife

01:14
HOPE FM Dayparts GRAF ECMWF TEST (1)

Fall chill arrives in the Hudson Valley ahead of potential weekend coastal storm

00:43
dianepfasvosot0922_2026-09-22-16-48-15

Rockland advocates urge Gov. Hochul to sign PFAS drinking water legislation

01:53
4346a35f-636d-4c60-b14b-fdc81413e2fa

Addressing flooding in the Hudson Valley, money going towards flood mitigation

00:30
blaise inspire

How safe is your child care? Goshen center faces state action after supervision lapse

03:26
TRI-MH STORM WHAT WE-KNOW 2

Tracking a late-week nor'easter and whether or not local impacts will be significant

AP26265514672157

Coroner: Rockland County's Hayden Panettiere died from accidental overdose involving fentanyl

00:20
REBATECHECKS_2026-09-22-17-21-21

Energy rebate checks of up to $200 going out to millions of New Yorkers

00:28
dutchess hit and run

Dutchess County man charged in fatal hit-and-run crash that killed e-bike rider

01:54
9222026WCkat8_2026-09-22-08-11-57

MTA begins issuing fines through work zone speed cameras on bridges and tunnels

00:47
Screenshot 2026-09-21 115946

Federal appeals court upholds dismissal of Hastings police sergeant's discrimination lawsuit

9222026WCarmy2_2026-09-22-05-51-39

Father of Army football player receives Carnegie Medal after saving driver from fiery crash in Fort Montgomery

00:18
guilty plea

3 men plead guilty in brutal Kingston gang assault that left victim with permanent injuries

00:24
Screenshot 2026-09-22 094721

Jaxson Dart's knee injury is still being evaluated, Giants coach John Harbaugh says

02:03
Screenshot 2026-09-22 054159

Travelers face lingering delays as officials work to recover from Newark airport meltdown

00:24
capitaltheatre0921_2026-09-21-21-54-57

Celebration held honoring Capitol Theatre's 100th anniversary

01:26
Screenshot 2026-09-21 at 4.53.13 PM

Officials investigate fire that damaged Rye Playland's Dragon Coaster

00:31
wclawlerendorse921_2026-09-21-21-34-09

House Democrat crosses party lines to endorse Rep. Mike Lawler in congressional race

01:54
melaniepkg0921_2026-09-21-16-57-53

Local Revolutionary War hero honored in Croton-On-Hudson

01:30
blaise pk homeless shelter

Dutchess County approves controversial $13M Poughkeepsie homeless shelter

App StoreGoogle Play Store

info

Newsletter

Send Photos/Videos

Contact

About Us

News Team

News 12 New York

follow us

Twitter

Facebook

Instagram

more resources

Optimum Corporate

Optimum Service

Advertise on News 12

Careers

Content Removal Policy

© 2026 N12N, LLC

Privacy Policy

Terms of Service

Ad Choices