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.
Read the full article from Here
New York
Keeping an Eye Out for Rabid Raccoons
Good morning. It’s Monday. Today we’ll look at raccoons carrying rabies in the city.
New Yorkers don’t usually spend much time thinking about raccoons. Rats and roaches are far more visible. But even if you don’t always see them, raccoons are everywhere.
In September, the Metropolitan Museum of Art asked raccoon experts for guidance in gently redirecting a juvenile raccoon who was drawn to the exterior of their building on Fifth Avenue.
Back in 2021, Laura Dudley Plimpton, a researcher who tracked city raccoons with GPS collars when she was a Ph.D. student, found one living above a bar in Brooklyn near Green-Wood Cemetery.
At the Delacorte Theater, where Shakespeare in the Park is performed, raccoons who live near the stage often make cameos.
“I have particular memories of one raccoon running off with Teagle Bougere’s flip-flops during ‘The Tempest,’” a stage manager once told The New York Times, referring to one of the show’s actors.
And in 2022, a college student filmed a raccoon trying to claw its way out of a light fixture in her Brooklyn apartment.
“They are experts at utilizing whatever is available to them and using it well,” Plimpton said.
While many of the city’s raccoons are healthy, some are infected with rabies, a deadly virus that attacks the central nervous system and is transmitted via saliva. Other animals, such as skunks, bats and rodents, also carry the virus, but raccoons are the most commonly reported rabid animal in New York City.
The numbers fluctuate each year, but recent city data shows that rabid raccoons have most often appeared on Staten Island and in Queens. This year, however, the New York City Department of Health and Mental Hygiene has already logged two rabid raccoons in areas of Brooklyn where it has never seen them before: Midwood and Sheepshead Bay. In addition, a third and “unusually aggressive” raccoon in West Midwood was presumed to be rabid but was not tested, the Health Department said in a public health advisory issued in April.
To date this year, nine raccoons and one skunk have tested positive for rabies in New York City. It may not sound like a lot, said Dr. Andie Newman, a public health veterinarian in New York State, “but there’s potentially more lurking behind the numbers that we actually see.”
In May, to prevent further spread of the virus, the city placed fish-scented bait packets in the parks and wooded sections of Brooklyn and Queens, including Prospect Park, Forest Park and Marine Park.
“When they bite into it with their little sharp teeth, there is a liquid vaccine that gets into the mouth,” Newman said.
In the fall, the city is planning to place the bait in other areas as well. It’s important that people and dogs avoid touching the packets. They’re not considered harmful, but dogs may vomit if they were to eat many of them. And if the pink vaccine liquid gets on human hands, there is a small risk of becoming infected with the vaccinia virus, which is used to make the wildlife rabies vaccine.
Rabid animals are often assumed to be aggressive. But that’s not always the case. They may instead appear to have a wobbly gait, act confused or stagger and fall down, said Sarah Bookbinder, the executive director of the Charles N. Gordon Wildlife Rehabilitation Center in Earlville, N.Y., who advised the Met about the loitering raccoon.
According to the Health Department, other signs that an animal may be rabid include low energy; paralysis; chewing unusual objects like wood, soil or plants; having a vacant stare; and drooling or foaming at the mouth.
Given that raccoons are most active during dawn and dusk, people sometimes assume that raccoons are rabid if they’re out during the day, said Bookbinder, who specializes in the treatment of raccoons.
But in the spring, she added, it’s common for mother raccoons to forage for food to avoid leaving their kits alone in their den at night.
To protect your dog or cat (and yourself) from rabies, make sure that your pets are vaccinated. New York State requires that all domesticated dogs and cats be vaccinated for rabies, but some owners skip the vaccine, often out of concerns that the vaccines could be harmful to pets or unnecessary or could lead to illness. A 2024 survey estimated that about 22 percent of dog owners and 26 percent of cat owners could be classified as vaccine hesitant.
Even indoor cats need to be vaccinated, experts say, in part because of bats, which can enter homes. In 2025, two people in New York City received rabies antibodies and a vaccine series for exposure to a rabid bat.
If your pet has been in contact with an animal that may be rabid, report it to the Health Department and contact your veterinarian, Newman said. Dogs and cats who have already had the rabies vaccine will require a booster.
And when you’re outside, avoid contact with wild or stray animals.
“Enjoy nature from a distance,” Newman said.
Weather
It will be a sunny day today with a high near 78. The sky will remain clear tonight as temperatures drop near 61.
ALTERNATE-SIDE PARKING
In effect until June 19 (Juneteenth).
QUOTE OF THE DAY
“When I look at the state of housing, I feel a lot of anger.” — Emely Rodriguez, 24, who grew up in Williamsburg and began engaging in housing advocacy at a young age.
METROPOLITAN diary
The Glow
Dear Diary:
On an unseasonably warm Brooklyn night, I was on my way to meet friends when I stumbled upon a glowing, heavy, orb-like glass sculpture on the sidewalk.
Something about it pulled at me. I scooped it up and carried it onto the train.
It moved with me through bars and parks and city blocks, unveiling itself as an invitation for connection. It passed tenderly from hand to hand, stranger to stranger, each of us sharing the weight and the moment.
On the way home that evening, I stood on the subway platform buzzing from the interactions the sculpture had touched off and with a renewed love for the city.
A handsome man gesturing toward the unusual item I was holding motivated me to remove my earbuds and fall into an easy, flirty rhythm as we fell onto the G train together, until his stop pulled him away.
Arriving home, I chastised myself for letting the moment close. With the residue of the evening’s magic still on my skin and feeling a swaggering confidence, I posted a missed connection on Craigslist.
The next morning, there it was: a note from orb man.
“I think it’s more of a nest shape, but we can argue about it when we see each other,” he wrote, the words levitating up and out of my phone.
We met again two days later. I left the orb at home.
— Billie Hirsch
Illustrated by Agnes Lee. Tell us your New York story here and read more Metropolitan Diary here.
Boston, MA
Boston high school student in STEM aviation program flies plane for first time
A 17-year-old Boston Public Schools student took the skies on Monday, flying a plane for the first time. Messiah Dennison is part of Boston STEM Flight Academy and carefully went through his flight safety check with his instructor.
The two departed from Norwood Airport for a 45-minute discovery flight over Gillette Stadium and back, and from take-off to landing it was a smooth trip.
“I just flew a plane,” Dennison said. He’s beaming from ear to ear because for the first time he was able to see his future as clear as the sky above. “I can’t compare it to anything. Something I never experienced before and it’s unique and made me want to do it again,” he said.
Dennison got introduced to Boston STEM Flight Academy at his high school, Another Course to College in Hyde Park. “I think it’s really great actually, because it helps our students get exposed to new opportunities that they normally wouldn’t have the opportunity to be exposed to,” Another Course to College Head of School Demitri Curry said.
Founder Marcus James said Dennison is one of those students who never missed an aviation class. “I got to say Messiah, this kid is very exciting to watch in class, and we figured he was perfect for this flight today,” James said.
The students have been practicing flying this route from Norwood to Boston and to Foxboro on a simulator twice a week for the past two months. “We flew over Gillette Stadium, that was great. Everything felt so small, and I was enjoying it,” Dennison said. He said this experience has changed his perspective of what he can achieve in life and believes aviation is the path for him.
“Before I took the flight I couldn’t see it. Now I can envision it. Growing up in Boston you see the same thing every day. And being able to see myself doing something this cool opened the gateway for a lot of cool things,” Dennison said.
His mother watched nervously but proudly. “I’m very proud of him, this is his first time flying a plane ever, so I am proud he had this big opportunity,” she said.
James says he hopes Boston STEM Academy will help deal with the nation’s pilot shortage and plans to expand the program to other public schools in underserved communities. “By 2030 we need about 10,000 pilots. I want them to know the sky’s the limit, and they can do anything they would like to do the opportunity is available to them,” James said.
And Dennison got a real hands-on bird’s eye view of what he can achieve. “If you are going to give me the opportunity to do something great, why not be great,” he said.
Pittsburg, PA
Recently retired Steelers WR praises Aaron Rodgers
The Pittsburgh Steelers signed veteran wide receiver Adam Thielen at the tail end of the 2025 NFL season amidst struggles at the position. Thielen had returned to the Minnesota Vikings in 2025, the team that drafted him for which he carved out a very respectable career before signing with the Carolina Panthers in 2023.
Thielen appeared in five regular season games with the Steelers, catching 11 passes. He joined Good Morning Football on Monday and was asked about his experience in Pittsburgh, to which he couldn’t say enough nice things.
“What an amazing experience,” Thielen said. “First of all, just to experience the Pittsburgh Steelers organization. it was so cool to see it first hand. You hear a lot about it, you play against it, but you don’t really understand it until you get in that building. You just feel the culture and just kind of see how it’s different. It’s a family-owned business and it’s got that family aspect to it that they’re always in the building, they’re always around – it’s a really cool place.”
Thielen then discussed his time with Aaron Rodgers, and praised the four-time MVP for his approach to the game.
“Being around Aaron, I’ve known him for a long time,” Thielen said. “Played a lot of golf with him, built a strong relationship with him outside of football. But to seem in the building and in practice and his communication and the way he does things and his detail, it really showed me why he’s been so great for so long. A lot of times… you just think, ‘Oh, they’re really skilled…‘ these guys are great and separate themselves because of their process. He treated every single practice like it was the Super Bowl. it was unbelievable to see first hand just how hard he practiced, what it meant to him, how much communication there was through the week of trying to get everybody on the same page – whether that be coaches or players. So it was really cool to see that first hand and get to know him on the football side of things.”
Thielen retired after the 2025 season, finishing his career with 704 catches for 8,497 yards and 64 touchdowns.
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