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Daniel Penny demands dismissal of civil lawsuit from Jordan Neely's father

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Daniel Penny demands dismissal of civil lawsuit from Jordan Neely's father

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Daniel Penny’s legal team wants a civil judge to dismiss the lawsuit filed by Jordan Neely’s father – and make him cover the legal costs – after Penny was acquitted of criminally negligent homicide for a chokehold that put an end to a violent outburst of death threats on a Manhattan subway car.

Andre Zachery sued Penny in December, alleging that Penny negligently assaulted, battered and seriously injured Neely, causing his death.

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“All injuries or damages sustained by Plaintiff as alleged in the Verified Complaint, if any, were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff, and any recovery against this Defendant must be diminished in proportion to Plaintiff’s relative wrongdoing, fault, misfeasance, malfeasance, failure to exercise due care and/or other culpable conduct,” Penny’s attorneys countered in an answer 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 Criminal Court in New York City on Thursday, Dec. 5, 2024. Jurors later acquitted him of criminally negligent homicide in the death of Jordan Neely. (Adam Gray for Fox News Digital)

In a statement, Penny’s lawyers Steven Raiser aand Thomas Kenniff noted that they had successfully defended their client from criminal charges brought by the “largest and most resourced” district attorney’s office in the country.

“The result was a full acquittal and a verdict that underscored New Yorkers’ belief in their right to defend themselves and their neighbors from random violence,” the told Fox News Digital. “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.”

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Zachery’s lawyer did not immediately respond to a request for comment. 

The filing comes a month after Penny’s acquittal in a high-profile and controversial manslaughter trial. Prosecutors asked the court to dismiss the top charge of manslaughter to avoid a hung jury, and jurors ultimately found Penny not guilty of the lesser charge.

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.

— Steven Raiser aand Thomas Kenniff, Penny’s attorneys

Penny, a 26-year-old Marine veteran and architecture student, was charged for the subway chokehold death of Neely, a 30-year-old homeless man with schizophrenia who barged onto the train shouting death threats while high on a type of synthetic marijuana known as K2. It happened on May 1, 2023.

JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY

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Jordan Neeley’s father, Andre Zachery  arrives at Manhattan Supreme Court 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 News Digital)

Neely had a lengthy criminal record, an active arrest warrant, a history of psychosis and was high. He also had the sickle cell trait genetic disorder.

Subway crime has plagued the city in recent years, and there was an atmosphere of fear among riders.

Just three days earlier, a straphanger had been stabbed with an ice pick on a J train, according to reports from the time. It was about a month after a PBS reporter got sucker punched on a No. 4 train. There was a shove a week before that, and the victim hit the side of a moving R train and survived.

Read Daniel Penny’s verified answer to the civil complaint from Jordan Neely’s father

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In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them.

But legal experts have predicted Neely’s family may fare better in civil court, where there is a lower standard of guilt.

Daniel Penny was invited to join Donald Trump and J.D. Vance at the Army-Navy college football game after his acquittal. ( X/@DanScavino)

Prosecutors have to convince jurors of criminal charges beyond “reasonable doubt.” In a civil case, the plaintiff’s attorneys must prove their case based on a “preponderance of evidence,” more likely true than not.

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Northeast

Pilot, passenger swim to safety after plane crashes into New York’s Hudson River

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Pilot, passenger swim to safety after plane crashes into New York’s Hudson River

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A pilot and passenger swam through the frigid waters of the Hudson River and reached shore safely after their Cessna 172 made an emergency landing Monday night, officials said.

The aircraft had taken off from Long Island when the pilot was forced to land in the river just after 8 p.m., the Middle Hope Fire Department said in a Facebook post.

The Federal Aviation Administration is investigating the incident.

Middle Hope Fire Department responders, along with personnel from other agencies, were dispatched to the scene. After a brief search, first responders located the plane within the City of Newburgh, authorities said.

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A plane wades in the Hudson River. (Facebook/Middle Hope Fire Department)

Fire officials said the two occupants were able to free themselves from the aircraft and swim to shore. Newburgh Emergency Medical Services evaluated the pair before they were transported to a nearby hospital for further treatment.

Multiple agencies were on the scene after a plane crashed into the Hudson River. (Facebook/Middle Hope Fire Department)

New York Gov. Kathy Hochul hailed the incident as “Another miracle on Hudson.” 

“Thank God both the pilot and passenger of a single engine plane that performed an ice landing near Newburgh have been located with only minor injuries,” the governor wrote in a post on X. “Grateful to our first responders for their quick actions.” 

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A plane made an emergency landing on the Hudson River Monday evening. (Facebook/Middle Hope Fire Department)

New York Rep. Pat Ryan said he was “closely monitoring reports of a small plane making an emergency landing near the Newburgh-Beacon Bridge.” 

“I’m in touch with officials on the ground, who have shared that both passengers are safely out of the water & have been evacuated by EMS,” he said. “Incredibly grateful for our Hudson Valley first responders who are responding swiftly and put their lives on the line to keep others safe.” 

First responders found the plane within the city limits of Newburgh. (Facebook/Middle Hope Fire Department)

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The cause of the emergency landing remains under investigation. 

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Plane crashes spark renewed fear of flying: 10 causes of aviation disasters

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Boston, MA

Boston honors first casualty of American Revolution – The Boston Globe

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Boston honors first casualty of American Revolution – The Boston Globe


“In moments of challenge and in moments of conflict, it does feel easier to put your head down,” Wu said at an event at the Old State House commemorating Attucks.

“Remembering the full history pushes us to be the beacon of freedom that the rest of the country and the rest of the world so very much needs.”

Inside the Old State House’s council chambers, city leaders, historians, and students gathered to celebrate Attucks’ legacy. They talked about the importance of memorializing him during a time when many present said the contributions of people of color to American history were being erased by the Trump administration, and the country’s founding principles were under attack.

Senator Lydia Edwards said the death of Attucks and the four others killed during the Boston Massacre helped establish important legal principles that still guide the country today.

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Following the killings, British soldiers involved in the incident were put on trial. John Adams, who later became president, agreed to defend them in court, arguing that the rule of law must be upheld even during times of intense conflict.

“Even in these moments of strife, oppression of rogue federal government, that we remember that we stood up and still held to our court system, to the rule of law and to due process,” Edwards said. “We also remember who had to die in order to remind ourselves to do that.”

City Councilor Brian Worrell said Attucks was a symbol of the long struggle for equality in the country.

“It’s a story that is a reminder that Black and Indigenous Americans have always been at the forefront [of] the fight for justice,” Worrell said.

He said when he recounts Boston’s Black history, he almost always starts with Attucks’ story.

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“He fought not simply against the tea tax or the Stamp Act, he fought for the most basic of rights. He fought for equal human lives. It’s a fight we as a city are still having,” he said.

Jim Bennett spoke about the Boston Massacre during the commemoration inside the Old State House. David L. Ryan/Globe Staff

Wu spoke about how on March 5, 2025, she was called to testify before Congress about Boston’s immigration policies during a six-hour hearing. She touted Boston’s safety record amid aggressive questioning, arguing that the city’s immigration policies improved public safety.

“On the 255th anniversary of the Boston Massacre, on Crispus Attucks Day, there was no way that this city wasn’t going to be represented in standing up for what’s right,” Wu said.

A chandelier lit the council chamber and red curtains covered its historic windows. On both sides of the room, students sat with their teachers. Winners of the Crispus Attucks Essay Contest, which invites local students to explore Attucks’ legacy, sat next to the podium.

“Sometimes history repeats itself,” said Toni Martin, an attendee at the event, who came to support her niece, who was being awarded. “Sometimes it gets better, but it takes revolutionary people to make change perfect.”

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Outside of the State House after the commemoration, Sharahn Pullum, 18, who came in second for the essay contest, said, “My inspiration was just getting the opportunity to speak on something that matters.”

Michael Kelly, 65, joined the wreath-laying ceremony that took place at the Boston Massacre Commemorative Plaza. Kelly held a sign that said, “Ice Out Be Goode,” referring to Renee Good, a US citizen who was shot and killed by immigration agents in Minneapolis earlier this year.

Kelly said he had been standing at the plaza for three hours and is planning to stand there the entire day.

“People can stretch their imaginations to understand that this place, what happened here, is not at all different than what happened in Minneapolis,” Kelly said with tears in his eyes. “People standing up for something they believe in is vastly important, and we can’t be daunted.”

Students from the Eliot School in Boston attended the commemoration. David L. Ryan/Globe Staff

Aayushi Datta can be reached at aayushi.datta@globe.com.





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Pittsburg, PA

Pirates Winning Streak Ends With Loss to Cardinals

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Pirates Winning Streak Ends With Loss to Cardinals


PITTSBURGH — The Pittsburgh Pirates have had a strong showing so far in the Grapefruit League, but suffered a surprising defeat.

The Pirates lost 3-2 to the St. Louis Cardinals at LECOM Park in Bradenton, Fla., taking just their third defeat in Spring Training so far, dropping to 9-3 in the Grapefruit League.

Pittsburgh saw their five-game winning streak come to an end, but they are still level with the New York Yankees at the top of the Grapefruit League standings.

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This game also came after the first off day for the Pirates on March 4 and a 7-1 win over Team Colombia in an exhibition at LECOM Park on March 3.

How the Pirates Fell to the Cardinals

Pirates right-handed pitcher Mitch Keller made his third start in the Grapefruit League and threw three scoreless innings, before giving up a solo home run to Cardinals third baseman Nolan Gorman on a slider down in the zone, putting the road team up 1-0 in the top of the fourth inning.

That represented the first run that Keller gave up all Spring Training and Pirates left-handed relief pitcher Derek Diamond came in for him after he gave up a single to Cardinals right fielder Jordan Walker.

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Keller has just a 1.23 ERA over 7.1 innings for the Pirates in the Grapefruit League, a good start for the veteran on the starting rotation.

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St. Louis loaded the bases against Pirates left-handed relief pitcher Evan Sisk in the top of the fifth inning with three walks, but Sisk struckout top prospect in shortstop JJ Wetherholt and forced Gorman into a double play to keep it a one-run game.

Sep 11, 2025; Baltimore, Maryland, USA; Pittsburgh Pirates pitcher Evan Sisk (51) delivers a pitch during the eighth inning against the Baltimore Orioles at Oriole Park at Camden Yards. Mandatory Credit: James A. Pittman-Imagn Images | James A. Pittman-Imagn Images
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Pirates right-handed relief pitcher Chris Devenski gave up a run in the top of the sixth inning, as he walked second baseman Ramón Urías, who stole second base, then gave up a single to catcher Pedro Pagés, doubling the Cardinals’ lead at 2-0.

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The Pirates tied the game up at 2-2 in the bottom of the sixth inning, as shortstop Alika Williams hit a two-run home run off of Cardinals left-handed pitcher Quinn Mathews.

Pirates right-handed relief pitcher Cam Sanders gave up the go-ahead run in the top of the eighth inning, hitting leadoff batter Joshua Baez with a pitch and then giving up a single to pinch-hitter Jimmy Crooks to make it 3-2.

Right fielder Ryan O’Hearn had a strong showing for the Pirates in the loss to the Cardinals with two hits in two at-bats. He is now slashing .462/.563/.769 for an OPS of 1.332 in six Grapefruit League games.

Outfielder Jhostynxon Garcia had a hit off the bench for the Pirates, as he is now slashing .533/.611/.733 for an OPS of 1.344 in seven games.

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Make sure to visit Pirates OnSI for the latest news, updates, interviews and insight on the Pittsburgh Pirates!



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