Daniel Penny is already facing another arduous legal battle — despite still awaiting the decision on the first.
The death of Jordan Neely in May 2023 caught national media attention largely due to the involvement of Penny, a Marine veteran.
Neely, a Michael Jackson impersonator with mental issues, began threatening riders aboard a New York City subway train.
When those threats became a bit too hostile, Penny intervened and put Neely in a headlock/choke hold.
Neely, 30, died after that physical encounter with Penny.
Penny became an instantly polarizing figure, with his supporters lauding him as a hero who was willing to step in to protect his fellow Americans, while his critics blasted him as an out-of-control vigilante.
So it should be little surprise that, as the New York Post has chronicled, jury deliberations had yet to yield a verdict by Thursday morning.
Per the Post, while the Manhattan trial broke for a second time with no verdict on Wednesday, Neely’s father, Andre Zachary, filed a lawsuit against Penny.
And Zachary wants his pound of flesh … and then some.
Does Penny deserve jail time?
According to the suit, filed in the New York Supreme Court, Zachary “demands judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction.”
Penny, who has maintained his innocence throughout this all, has long claimed that he was trying to be preventative.
“I wasn’t trying to injure him,” Penny told detectives, in interview footage shown to the jurors. “I’m just trying to keep him from hurting anybody else.”
Neely’s father clearly disagrees with that assessment, as his lawsuit accuses Penny of negligent contact, assault, and battery — all of which he claims played a role in Neely’s death.
Penny is currently facing charges of manslaughter and criminally negligent homicide.
“If Penny is found guilty of manslaughter, the jury will have found that he ‘recklessly’ caused the death of Neely,” the Post reported. “If the jury finds Penny not guilty of manslaughter, it will then consider whether he’s guilty of criminally negligent homicide.
“Penny cannot be convicted on both counts.”
The maximum punishment Penny could face would be 15 years in prison.
Neither charge has a minimum punishment attached, so Penny could be found guilty and serve probation, with no jail time.
According to CBS News, jurors have resumed deliberations for a third day.
Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.