Northeast
Daniel Penny demands dismissal of civil lawsuit from Jordan Neely's father
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.
“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.”
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.
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
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
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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Pennsylvania police are searching for at least two masked suspects believed to have looted a Lululemon store overnight.
At least two masked men broke into a Lululemon in Ardmore, Pennsylvania, around 2 a.m. Tuesday, police told NBC 10 Philadelphia. Ardmore, a suburb of Philadelphia, is home to about 14,000 people.
The suspected thieves used a sledgehammer to break the glass on the store’s front door, according to police.
Once they gained access, the masked individuals grabbed handfuls of merchandise, security footage shows. The men went in and out of the store several times, grabbing handfuls of items that included coats, vests and shirts from the men’s section, police told local outlet WPVI.
“This is taking it to another level,” Lower Merion Police Superintendent Andy Block told WPVI.
The suspects then loaded the merchandise into a U-Haul truck. Their truck was last seen at the intersection of Bryn Mawr Avenue and Woodbine Avenue, just a few miles from the store, police said.
The entire incident lasted about five minutes, which Block said is longer than usual for this type of burglary.
“Usually, it is because in a smash-and-grab situation they want to get in and get out before they’re identified or anybody’s notified on it,” Block told CBS Philadelphia.
Block told WPVI the store is a popular target for robbers, given that many of its items cost more than $100. Now, he expects the alleged thieves have sold or exchanged the items.
“They’re using it on the market, maybe they’re exchanging it for drugs, or they’re selling it on the black market. It’s a highly sought-after item,” he told WPVI.
Even though police say Lululemon is a popular target, Lt. Michael Keenan of the Lower Merion Police Department still called the incident “out of character.”
“This is an out of character, out of type incident where we don’t normally see people smashing windows in the middle of the night. But, certainly this is something that is distinct,” Keenan told NBC 10 Philadelphia.
The store still opened Tuesday, with a banner covering the smashed glass on the door, according to Fox 29. Gina Picciano, a general manager at a restaurant across the street, said it was a frightening incident.
“I walked out here with my bartender and we looked, and it’s scary that it’s happening right across the way from us,” Picciano told Fox 29.
The same store was previously robbed in May 2024. Thieves stole more than $10,000 worth of merchandise during that incident, NBC 10 Philadelphia reports.
The Independent has contacted the Lower Merion Police Department and Lululemon for comment.
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