News12 New York
N12 Originals
Numbers & Links
Local News
Crime
Weather
Politics
66°
Local News
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.

More Stories

Top Stories

AP 08 17 2026 045433

Rockland County's Hayden Panettiere, who starred in the television series ‘Heroes’ and ‘Nashville,’ dies at 36

00:57
HV TODAY

Brighter Monday afternoon with a warm and humid stretch ahead

00:21
Screenshot 2026-08-17 054805

Man rescued from steep area near Hudson River after medical emergency at Croton Point Park

02:53
Screenshot 2026-08-17 055345

KIYC: Bergen County detectives renew push to solve twin cold-case killings

01:34
LIORGAICFOOD81726_2026-08-17-05-30-50

The Cost Of: Organic foods

00:20
Lightning Strikes Plane HPN

Plane lands safely after reported bird strike at Westchester County Airport

01:47
RTWCHVNYSTennisChampionshipsLDValle6pm_2026-08-16-18-22-27

New York's top table tennis players compete for state championship titles in Pleasantville

00:18
weaponsarresttm

Haverstraw man accused of having loaded firearm following police foot chase on Route 9W

Screenshot 2026-08-16 143716

Tommy John, namesake for a pioneering elbow surgery that saved his career, dead at 83

00:24
SpaceX TN Raw

Did you see it? SpaceX launches two Falcon 9 rockets minutes apart from FL, CA

01:27
RTREGWCHVOssiningBackToSchoolLDValle6pm_2026-08-15-18-40-06

Ossining Back-to-School Festival helps families get ready for new school year

00:23
police chase generic

Reckless ATV driver leads police on chase through City of Newburgh

02:06
Screenshot 2026-08-15 135423

Bronx man arrested in Midtown synagogue attack

00:48
WCHVBestBuy814_2026-08-14-21-22-47

Best Buy reopens in Hartsdale with new store location

00:23
ryedineanddashersCM_2026-08-14-16-50-44

Yonkers, White Plains women charged in alleged Rye restaurant dine-and-dash

01:50
6913c700-d4d2-4ed1-9d4a-dff22c92b762

Push continues in Mount Pleasant for safety improvements at busy intersection

01:40
blaise door kick challenge

Dutchess County authorities warn of dangerous ‘door kick challenge’ incidents

00:23
Screenshot 2026-08-14 172001

Man arrested for possessing child sex abuse materials in Esopus

02:35
Luigi Mangione

Luigi Mangione pleads guilty to federal stalking charges in the killing of UnitedHealthcare CEO

01:49
814kat8am_2026-08-14-08-06-41

Employee accused of planting cameras in New York Athletic Club restrooms

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