Andre Zachary, the father of Jordan Neely is moving to file a civil lawsuit against Daniel Penny following the Marine veteran's acquittal by a Manhattan jury on Monday. Penny, 26, was cleared of criminally negligent homicide charges after the jury failed to reach a verdict on the manslaughter charge, resulting in its dismissal.
While addressing reporters outside the courthouse, Andre Zachary said:
"I've had enough of this. The system is rigged. Come on people, let's do something about this."
An emotional Andre also told the media:
"I just want to say, I miss my son. My son didn't have to go through this. I didn't have to go through this either. It hurts, really, really hurts,"
Black Lives Matter activists have joined the growing calls for justice in the case of Jordan Neely
Andre Zachary isn't the only person frustrated at Daniel Penny's acquittal. Walter Hawk Newsome, a leading Black Lives Matter activist joined Andre Neely in his media interview outside the courthouse. While speaking to the reporters he said:
“Just like everybody else seeks justice on their own. Just like everybody else has vigilantes. We need some black vigilantes,”
He was also critical of people cheering and applauding Daniel Penny in the courtroom after the verdict. Newsome said:
“F—k America. How dare you laugh and cheer when someone gets away with murdering us... Racists: burn in h*ll.”
Chivona Newsome, the co-founder of Black Lives Matter, greater New York, also shared her frustration at the verdict. She stated:
"I stand here heartbroken because I have to hug a father who knows that the murderer of his son will most likely go free."
She further condemned what she claims is a deeply flawed justice system, emphasizing its systemic bias against Black individuals and its failure to deliver equitable outcomes.
What arguments did Daniel Penny's lawyers make?
During the four-week trial, Daniel Penny's defense team portrayed him as a hero who acted appropriately on May 1, 2023.
They argued that Penny intervened to safeguard fellow passengers on an uptown F train when Jordan Neely, a 30-year-old homeless man, allegedly began behaving aggressively and issuing threats, according to witness accounts. The defense framed Penny's actions as necessary under the circumstances.
The defense also raised doubts about whether the chokehold directly caused Neely’s death. They argued that a combination of factors—including Neely’s schizophrenia, drug use, a genetic disorder, and the physical altercation with Penny—may have led to his death.
What closing arguments were made about Daniel Penny by the prosecutors?
During closing statements, Assistant District Attorney Dafna Yoran argued that onlookers warned Penny about the danger he posed to Jordan Neely but chose to disregard those warnings.
Prosecutors stated that Daniel Penny continued to apply the chokehold for nearly six minutes, even after the train stopped at a station and passengers exited, leaving Neely, who was unarmed, on the subway floor.
“We are here today because the defendant used way too much force, for way too long, in way too reckless of a manner,”
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Dafna Yoran told jurors that Jordan Neely's death could have been avoided. The prosecutor argued that Daniel Penny stepped into criminal behavior by continuing to hold Neely in a chokehold for 6 long minutes even after most passengers had exited the train car.
Penny allegedly maintained the hold for nearly a minute after Neely had lost consciousness, actions the prosecutor described as reckless and unnecessary.
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