Jordan Neely’s father, Andre Zachery, addresses reporters after Daniel Penny was found not guilty of criminally negligent homicide for choking his son on the subway in 2023…see more

A copy of the complaint provided by Donte Mills, Zachary’s attorney, alleged Penny negligently assaulted, battered and seriously injured Neely, causing his death.

One of Penny’s attorneys said Thursday the legal team had not yet been served with paperwork in the civil case. Penny faces up to 15 years in prison if convicted of the most serious charge, manslaughter.

Jurors spent much of the week deliberating his fate, asking to see video evidence again and asking for the judge to clarify a number of legal terms, including the justification defense and the definitions of recklessness, required to prove manslaughter, and negligence, required to prove the lesser charge of criminally negligent homicide.

Penny remained at the scene and explained the incident to detectives, describing Neely as a “crackhead” but expressing concern about his threats, erratic behavior and a recent string of violent subway crimes.