Ex-Marine acquitted in NYC subway chokehold case seeks dismissal of suit brought by victim’s father [Video]

NEW YORK – The former U.S. Marine acquitted last month of criminal charges in the death of a man on a New York City subway train is seeking to dismiss a lawsuit brought by the victim’s father.

Daniel Penny’ s lawyer, in a court filing Monday, said his client denies the lawsuit’s claims that the 26-year-old is culpable for civil damages for using a chokehold on Jordan Neely while Neely was shouting and acting erratically on a crowded train on May 1, 2023.

Andre Zachery, in a suit filed last month before a jury cleared Penny in the criminal trial, accused the Long Island native of negligence, assault and battery for placing his 30-year-old son in a chokehold for about six minutes, leading to his son’s death.

But Penny’s lawyer Steven Raiser, in his legal filing, said “all injuries or damages” were caused by Neely’s “culpable conduct, negligence, carelessness, and lack of care.”

Raiser, in a statement, said Penny continues to maintain his …