The death of a Black New York homeless man at the hands of a white Marine veteran last May sparked a national conversation fueled by themes involving race, politics, and our justice system. This week, that conversation has been reignited after the marine, 26-year-old Daniel Penny, was acquitted on all charges related to 30-year-old Jordan Neely's death. The acquittal in criminal court won’t stop Neely’s family from seeking justice, however; a civil lawsuit is already in the works.

On May 1st, 2023, Neely was on a subway train when witnesses and video surveillance showed him acting erratically and raising his voice before he was pinned down by Penny and another bystander.

During questioning by detectives, Penny explained that Neely "was talking gibberish ... but these guys are pushing people in front of trains and stuff," referring to the over 20 incidents where train riders were shoved onto subway train tracks in 2022.

Fearing that Neely was a threat to himself and other riders on the train, Penny quickly subdued Neely, holding him in a headlock, causing him to lose consciousness and eventually die. The events would fire off a national debate about homelessness, race relations, mental health, and how the justice system and the court of public opinion weigh out these different factors.

Penny would eventually be charged with second-degree manslaughter and criminally negligent homicide, both of which he pleaded not guilty to.

Penny's acquittal on these charges made breaking news this past Monday and came just days after Jordan Neely's father, Andre Zachary, announced that he was filing a civil lawsuit against Penny.

In the days leading up to the verdict, Penny’s attorney, Steven Raiser, issued a statement responding to Zachary’s lawsuit, explaining, "The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten. We will not be distracted by this attempt to attack Danny while he is under such tremendous stress."

After news of Penny’s acquittal, Neely’s father shared his heartbreak, describing the jury's decision as a symptom of a “rigged” system.

"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," Zachary expressed to the public.

New York City’s Comptroller issued a similar statement that explained, “Jordan Neely’s death is an indictment of broken systems that failed to provide him with the mental health care he needed, when he was desperately crying out for help.” The statement continued, “I disagree with today’s verdict: we must not become a city where people take the law into their own hands. Daniel Penny is not a hero. But I share New Yorkers’ frustrations with the sense of disorder in our subways and on our streets, and City Hall’s failure to address it effectively.”

During a press conference after the verdict, Zachary's attorney, Donte Mills, issued a statement explaining, "I promised this family justice, we're still going to do that. We're going to move forward with our suit,” He adds, "The district attorney did a good job, but the jury in this case let us down."

While the standard of guilt in a criminal case is beyond a reasonable doubt, Zachary is likely to find more success in his civil case as the standard is that plaintiffs must prove their case based on a preponderance of evidence –essentially, that a case is more likely true than not.

Zachary’s lawsuit is accusing Penny of negligence along with assault and battery. He is seeking a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the complaint.