“Second Chance for Redemption: Ex-Marine Cleared of Choking Charges Seeks Dignity and Closure”

Former Marine Seeks to Dismiss Lawsuit Filed by Father of Man He Was Cleared of Killing in a New York Subway Incident

The former US Marine, Daniel Penny, who was acquitted of criminal charges in the death of a New York subway passenger, Jordan Neely, last month, is now seeking to dismiss a lawsuit filed by Neely’s father, Andre Zachery. Penny’s attorney, Steven Reiser, argues that his client denies the allegations in the lawsuit that he murdered Neely on a crowded train, yelling, acting erratically, and choking him, and is liable for civil damages.

The lawsuit was filed before a jury acquitted Penny in a criminal trial, charging him with neglect, assault, and battery for choking Neely. The 30-year-old son’s neck was pressed for about six minutes, leading to his death. Penny, a 26-year-old man from Long Island, was accused of murdering Neely on a crowded subway train.

According to Reiser, Penny’s conduct was justified, and all injuries or damages were caused by Neely’s “negligent conduct, negligence, carelessness, and lack of care.” Reiser emphasizes that Penny continues to maintain his innocence and that his acquittal underscores New Yorkers’ belief in their right to protect themselves and their neighbors from random violence.

“We are committed to defending this ill-conceived civil lawsuit brought by Jordan Neely’s estranged father with the same vigor as we would defend the criminal case,” Reiser said in a statement.

Zachery’s attorney has not commented on the lawsuit, but has noted that the burden of proof is lower in civil court cases than in criminal cases. Zachery is seeking unspecified damages in the lawsuit filed in state Supreme Court.

The case has sparked a national debate, with some praising Penny as a hero for subduing a threatening man, while others view him as a white vigilante who choked a black man.

Background
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The case began on January 27, 2022, when Neely attacked Penny on a crowded L-train in Manhattan. A Manhattan jury convicted Penny of criminally negligent homicide, and a more serious manslaughter charge was dismissed when the jury deadlocked on that count. Penny, a former Marine who served four years in the US Marine Corps, did not defend himself but later said in an interview that he put himself in a “very vulnerable position” during his encounter with Neely, but still felt compelled to take action.

Frequently Asked Questions (FAQs)

Q: What is the background of the case?
A: Daniel Penny, a former US Marine, was accused of murdering Jordan Neely on a crowded New York subway train. A criminal trial acquitted Penny of the charges, but Neely’s father filed a civil lawsuit against him.

Q: What are the charges in the civil lawsuit?
A: The lawsuit alleges that Penny was responsible for murdering Neely, who died from choking, and is liable for civil damages.

Q: How does Penny’s attorney defend him?
A: Penny’s attorney, Steven Reiser, claims that all injuries or damages were caused by Neely’s “negligent conduct, negligence, carelessness, and lack of care.”

Q: What is the outcome of the criminal trial?
A: A Manhattan jury convicted Penny of criminally negligent homicide, and a more serious manslaughter charge was dismissed when the jury deadlocked on that count.

Q: What does the future hold for the case?
A: Penny’s lawyer is seeking to dismiss the civil lawsuit, and the case is expected to continue in the coming weeks and months.

Conclusion
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The case of Daniel Penny and Jordan Neely has sparked a heated debate about justice and the use of force. While some see Penny as a hero for defending himself against a violent attacker, others view him as a vigilante who took the law into his own hands. The outcome of the civil lawsuit and the future of the case will be closely watched by the public and experts alike.