As a Manhattan jury debated whether Daniel Penny is guilty of his son’s murder, Jordan Neely’s father sued Penny in civil court Thursday over the fatal chokehold on a Manhattan subway car.

Andre Zacherys dockets for the Manhattan Supreme Court Assault and assault and demands damages of an unspecified amount. His attorney, Donte Mills, did not respond to a request for comment.

Jurors have been deliberating since Tuesday whether Penny is guilty of manslaughter and involuntary manslaughter for the fatal chokehold aboard an Uptown F train on May 1, 2023.

They heard from more than 40 witnesses, including passengers, who described how Penny tackled Neely to the ground in a chokehold from behind after Neely stopped at the Second Ave. stop. got in and started screaming that he was hungry and that he didn’t care if he died or went to prison.

Prosecutors have argued that Penny acted recklessly by holding Neely in a fatal chokehold for several minutes after passengers scrambled to safety as the train stopped at the Broadway-Lafayette subway station.

Penny’s lawyers claim he acted justifiably and for the benefit of others throughout the encounter and that Neely’s schizophrenia, sickle cell anemia and the synthetic cannabinoids in his body killed him, not the chokehold.

The 26-year-old from West Islip, LI, served four years in the Marines. He was working as a barback in Brooklyn at the time of the incident and is studying architecture.

Neely, 30, was homeless and estranged from his father and other relatives for at least four years before he died. In his younger years, he hustled for money on the streets and subways by performing performances imitating Michael Jackson.

At the age of 14 he tragically lost his mother in 2007 when she was murdered by her partner, who dumped her remains on the Henry Hudson Parkway. In a previous interview with the Daily News, Zachery – who attended Penny’s entire trial – said the terrible loss left Neely in deep despair as he watched him drop out of high school and his psychiatric condition worsen and go untreated.

Reached for comment, Penny’s lawyer Thomas Kenniff said the lawsuit had not yet been served on his legal team but would respond in due course.

“Our legal team remains focused on supporting Mr. Penny’s criminal case through to acquittal,” Kenniff saidAID.

Originally published: December 5, 2024 at 8:12 pm EST