Daniel Penny faces new civil lawsuit while trial continues

Daniel Penny, who is on trial for second-degree manslaughter and negligent homicide charges in connection to a subway chokehold death, is facing a new civil lawsuit from the father of the man he allegedly killed.

Mr Penny pinned Jordan Neely, who was 30 at the time, down for several minutes on a New York City subway last year.

Mr Neely's father, Andre Zachery, is seeking damages for alleged physical assault and battery.

Mr Penny's lawyer has dismissed the suit as a distraction, the Associated Press reports.

Mr Penny, 26, has also pled not guilty in the ongoing criminal trial.

Mr Zachery's lawsuit accuses Mr Penny of negligent contact, assault and battery related to the May 2023 incident that left his son dead.

"The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny's negligence," the lawsuit alleges.

Mr Zachery is seeking a judgment awarding damages "in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction," the lawsuit states.

Mr Penny's lawyer said he had not yet been served the complaint, telling the Associated Press: "The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten."

"We will not be distracted by this attempt to attack Danny while he is under such tremendous stress," they added.

A jury is currently deliberating the separate criminal case involving Mr Penny, a former marine, who is accused of putting Mr Neely in a fatal chokehold.

He could face up to 15 years if found guilty of manslaughter.

Witnesses say Mr Neely, who was homeless and lived with severe mental illnesses, boarded a New York City subway car and began shouting at the other passengers.

He asked for money and screamed that he was hungry and wanted to go back to jail.

Mr Penny became involved and put Mr Neely in a chokehold, pinning him to the ground for several minutes.

Lawyers for Mr Penny say the Long Island native intervened out of fear that Mr Neely would hurt other passengers.

A medical examiner ruled that Mr Neely died from neck compression.

Prosecutors in the courtroom have cast Mr Penny as reckless while his attorneys argue he was protecting other passengers.

The incident has led to political divisions with conservatives praising Mr Penny, who is white, as a hero while critics say he was unjustified when he killed Mr Neely, who is black.

Mr Penny's trial has featured bystander videos of the chokehold, 911 calls, police body camera footage and testimony from witnesses.

Mr Neely had dozens of previous arrests for evading fares, theft and assaults on three women. Family members say his mental health issues began when his mother was strangled by her boyfriend 15 years ago.