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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Erin Evans is a Portland-based master beekeeper and small business owner, She previously served as director of finance and administration at Maine Audubon and as CFO/COO of Coastal Maine Botanical Gardens.
Honey bees are Maine’s official state insect and a keystone species in our ecosystem. Like tiny flying dustmops, they sample their surroundings, collecting pollen, nectar and contaminants that reveal what’s in our soil, our water and our air.
As a local beekeeper measuring PFAS in my own hives, I stand with the Maine farmers,
families and advocates on the front lines of this issue, and it’s why I support Dr. Nirav Shah as our next governor.
The Rutgers-New Brunswick Eagleton Institute of Politics recently shared a 2025 database on scientists, engineers and healthcare professionals leading our nation in state legislatures. Out of more than 7,000 lawmakers, there are just over 200 legislators who are also scientists, engineers or healthcare professionals.
While Maine was among the highest representation, with 11 members, I can’t help but wonder how different our response will be to present and emerging environmental crises if we have someone trained in both law and scientific thinking as our next governor.
As a public health leader, who’s already guided us through a once-in-a-lifetime crisis, Dr. Shah understands that PFAS isn’t just “out there.” It’s in our soil, food, water and in our bodies and will have a public health impact for generations. Best of all, he’s already been doing the work.
During his time as director of Maine’s Center for Disease Control and Prevention, Dr. Shah recognized how widespread PFAS contamination is in Maine’s soil and water. Now, at a time when science-informed leadership is more essential than ever, he’s made PFAS protection a top priority.
Maine has made real strides in addressing forever chemicals by becoming the first state to launch an emergency relief fund, ban sludge-based fertilizers loaded with PFAS and create a permanent PFAS response program. We’ve also tested hundreds of sites, identified 34 high-priority towns and awarded $3.5 million in grants for research.
But even with this progress, the real challenge is how Maine deals with problems that last longer than any one administration.
It’s time we see PFAS and other environmental contamination crises not as political hot potatoes but as persistent issues affecting ecosystems across all of Maine. Do we continue to follow the status quo where politically entrenched candidates, beholden to the legacies of prior leaders and corporate interests, dictate the response? Or do we choose science and a leader familiar with critical outside-the-box thinking? Who should sit at that table as we create policies and laws to study, analyze, manage and reduce the threat of harmful chemicals to Mainers and the environment we all love?
In her recently released book “Inescapable: Facing Up to Forever Chemicals,” journalist F. Marina Schauffler reminds us that Maine’s taxpayers have already paid hundreds of millions of dollars thanks to PFAS contamination, and we’re nowhere near done.
PFAS chemicals will stay around for a long time, and so will the government systems that we set up to respond to these crises. Dr. Shah’s background in law and public health, especially in responding to exposure risks, makes him the leader we need in the Blaine House.
Most of all, he knows that in Maine and across the nation, climate change, water safety, soil health and human health are all interconnected, and part of the same sets of challenges. Our solutions will need to be well planned and well coordinated. Just ask the bees.
On Sunday, the Massachusetts women’s rowing team headed to Lake Quinsigamond in Worcester, Mass., for the Intercollegiate Rowing Association’s Eastern Sprints. There, the Minutewomen faced 14 teams from various Northeastern conferences, with Temple being UMass’ only Mid-American Conference opponent. A Northwest tailwind with wind gusts up to 12 mph offered a fair day on the racecourse.
The varsity eights proved to be good competition early on. The Minutewomen broke 6:30 for the second consecutive weekend, but it was not enough to land them a spot in the grand finale. Brown finished first overall in the heats with a 6:14 time, putting just 15 seconds between the top nine boats across all three heats. The petite final was just as competitive, with boats finishing within a second of each other. UMass took second place with a 6:30.19, which put the Minutewomen in eighth place overall.
California native AJ Prahl coxed the second varsity eight to a speedy 6:48.26, which landed the boat in lane six of its final. The boat’s final time was 6:50.11, landing second in its respective final and eighth place overall. UMass kept its gap behind the first-place-finisher, Columbia, under 10 seconds, and just managed to stay ahead of Cornell by a bow ball, finishing within the same second.
The second varsity four kicked off racing on Sunday in one of two heats. The Minutewomen came in with a 7:36.4, sending them to the petite final. The boat came in 10 seconds behind Northeastern and beat Boston College by just under a second. Coxswain Sara Lavigna commanded the boat to fourth in the petite final and a 10th-place overall finish with a 7:49.77, adding about 13 seconds to the boat’s earlier heat time.
New Hampshire native Meghan O’Hern coaxed the varsity four from one of three heats into the petite final. Stroke seat Anastasiia Kolesnikova led her crew to a 7:32.41 finish, holding off Holy Cross by over 16 seconds, but failing to close the eight-second gap between UMass’ and Radcliffe’s boat.
In the petite final, the Minutewomen were placed in lane four, where they improved their heat time by a second, ending with a 7:31.91 time and a third-place finish, the highest placing of any UMass boat across the competition. Cornell pushed the Minutewomen to the end, coming in less than a second behind them at 7:32.57, while Northeastern left a seven-second gap ahead of UMass.
Sophomore Mia Bierowski coxed the third varsity eight in heat two to a 7:02.61, landing her crew in lane four of the petite final. The Minutewomen rallied with a 7:06.41, landing the boat in fifth place in its respective final and 11th place overall.
The fourth varsity eight had no heats and only had a final. The UMass boat, led by sophomore Dagny Sammis, placed third out of the four boats in the category with a 7:17.14, coming in 10 seconds behind Northeastern, and leaving Boston College behind by about 21 seconds.
As the Minutewomen conclude their inaugural season competing in the MAC, they have their sights set on the MAC Rowing Championships. There, they will battle for their ticket to the NCAA Women’s Rowing Championships, searching for their first appearance in the national-level competition since 2014.
The MAC Championships will take place on Saturday, May 16, on Ford Lake in Ypsilanti, Mich. The races will be livestreamed on ESPN+. The start time is still to be determined.
Olivia Thibodeaux can be reached at [email protected].
The New Hampshire Lottery offers several draw games for those aiming to win big.
Here’s a look at Monday, May 4, 2026 results for each game:
Winning Powerball numbers from May 4 drawing
30-36-42-60-63, Powerball: 13, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Pick 3 numbers from May 4 drawing
Day: 6-2-1
Evening: 3-3-9
Check Pick 3 payouts and previous drawings here.
Winning Pick 4 numbers from May 4 drawing
Day: 7-9-1-8
Evening: 9-8-0-8
Check Pick 4 payouts and previous drawings here.
Winning Megabucks Plus numbers from May 4 drawing
01-05-33-34-41, Megaball: 05
Check Megabucks Plus payouts and previous drawings here.
Winning Gimme 5 numbers from May 4 drawing
23-27-29-37-38
Check Gimme 5 payouts and previous drawings here.
Winning Millionaire for Life numbers from May 4 drawing
08-17-22-34-39, Bonus: 05
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the New Hampshire Lottery drawings held?
- Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
- Pick 3, 4: 1:10 p.m. and 6:55 p.m. daily.
- Mega Millions: 11:00 p.m. Tuesday and Friday.
- Megabucks Plus: 7:59 p.m. Monday, Wednesday and Saturday.
- Lucky for Life: 10:38 p.m. daily.
- Gimme 5: 6:55 p.m. Monday through Friday.
- Millionaire for Life: 11:15 p.m. daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a New Hampshire managing editor. You can send feedback using this form.
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