Jordan Neely's family plans to file a wrongful death lawsuit against the man who put him in a fatal chokehold on the F train earlier this month, according to a report by the New York Post.
This week, Manhattan law firm Mills & Edwards, hired by Neely's aunt, sent a letter to attorneys for Daniel Penny, the 24-year-old Marine veteran facing manslaughter charges in Neely's death, according to the report.
“Please be advised that this office has been retained … to pursue a claim for personal injuries and wrongful death. … Your action resulted in the death of Jordan Neely,” the letter states, according to the Post.
Penny maintains his innocence, and is free on $100,000 bail. His lawyers say he was acting in self defense, and that Neely was acting erratically, threatening subway passengers. Video footage shot by another F train passenger showed Penny holding Neely in a chokehold for several minutes.
A fundraiser for Penny's defense through GiveSendGo — which describes itself as the “#1 Free Christian Fundraising Site” — had collected nearly $2.8 million dollars as of mid-day Saturday. His attorneys say any money collected beyond what’s needed to pay for legal fees or aspects of his defense will be donated to a mental health advocacy program in New York City.
Neely’s killing on May 1 prompted days of demonstrations and calls for Penny’s immediate arrest. Mayor Eric Adams said in the days following that Neely, 30, had several previous interactions with social workers and was considered mentally ill.
He declined to immediately condemn Neely’s killing, drawing criticism from prominent Democrats including Rep. Alexandria Ocasio-Cortez, who described the death as a murder.
“One thing we can say for sure, Jordan Neely did not deserve to die,” Adams said nine days after Neely’s death.
Messages Gothamist left for attorneys for Neely’s family and for Penny Saturday morning have not yet been returned.
