Jordan Neely's absentee father attempts to grift off his death, files wrongful death suit against subway hero Daniel Penny

NEW YORK, NY- Jordan Neely was a homeless, drug-addled career criminal whose family had apparently abandoned him. Why else would he be living on the street, going into subway cars, and threatening innocent people? That hasn’t stopped Neely’s “father,” who has filed a civil lawsuit against subway hero Daniel Penny, the New York Post reports. 

The definition of a grifter is “a swindler, dishonest gambler, or the like.” If anyone meets the definition of a grifter, it is Andre Zachary, father of the late Jordan Neely, who, by all accounts, was absent for much of his son’s life. 

This week, Penny was found not guilty by a Manhattan jury in the death of Neely, who last year threatened a subway car full of people, including women and children, and who was subdued by Penny. For reasons only known to him, Manhattan’s calorically challenged DA Alvin Bragg had Penny indicted for manslaughter and negligent homicide. 

The manslaughter charges saw the jury unable to reach a verdict and were dismissed by the judge, however, they were told to continue deliberations on the negligent homicide charge. In less time than it takes to buy a peppermint caramel latte at Starbucks, the jury returned a verdict of not guilty. 

Just days before, however, Zachary filed a wrongful death claim against Penny, and according to some legal experts, Penny may face some legal challenges from that suit. 

“He has the elephant in the room to address, first as a personal and second as a legal matter–what was he thinking to apply so much force that a man died?” said attorney Lanny Davis, former advisor to presidents Bill Clinton and George W. Bush. “He has not explained because, as a criminal defendant, he didn’t take the stand to explain why he exerted such force that the man died.” 

What Davis neglected to mention is that a pathologist testifying for the defense disputed claims by the New York City medical examiner that Neely died from Penny’s “chokehold.” Neely had K2, a synthetic form of marijuana, in his system when he died. He also had a sickle cell condition, according to the medical examiner. 

Davis explained that unlike a criminal trial, where the burden of proof is guilt “beyond a reasonable doubt,” a civil trial uses a different standard. 

“From reasonable doubt to more likely than not. It’s very important that he tet this version of the truth out.” 

In the civil suit, Zachary seeks unspecified damages, even though he was not present in his son’s life and had no connection with him until Neely turned 18. Before that, Neely was bounced around different homes in the foster system, the Post wrote, after his mother died in 2007 when he was 14 years old. The outlet said that “their time living together was marred by financial strife.” 

According to a profile of Neely in "New York" magazine, Zachary and Neely would argue after Zachary tried to grift off Neely’s performances as a Michael Jackson impersonator, a demand Neely refused. According to Neely's friend Dwayne Blizzard, Zachary would take away Neely’s house keys during those arguments. Zachary told the magazine those accusations were false. 

Meanwhile, a report by the New York Times said Neely and Zachary grew further apart during the later part of Neely’s life. 

Now that Neely has died, Zachary appears to be acting like an aggrieved father, even though he had little, if anything, to do with Neely when he was alive. His attorney, Donte Mills, said this week that he’s not worried about the civil case in the wake of Penny’s acquittal. 

“We don’t believe the criminal result will have any impact on our case because it’s a different standard,” Mills said. “Did he hold that chokehold for too long when people were telling him to let go? Should he have let go? That’s what it’s going to come down to.

“And I think Manhattanites will understand that and will come back with the verdict that says they do.” 

The civil jury would also have to take into account what role Zachary played in his son’s death by allowing him to live on the streets and not getting him the help he so desperately needed. 

One Manhattan attorney, however, believes Penny’s acquittal in the criminal case could significantly affect a civil jury. 

“A conviction would have been very problematic in the context of civil litigation because when you lose an argument in one court, you are supposed to be bound by that in other courts,” Attorney Rich Schoenstein said. 

Despite that, Schoenstein said his acquittal doesn’t mean it will necessarily carry over. 

“The acquittal does not bar the civil claim at all,” Schoenstein said. “With a new jury and the burden of proof reduced, as the defense, you can’t make any assumptions.” 

He pointed out the OJ Simpson case, where he was acquitted in the murders of his estranged wife Nicole Brown-Simpson and Ronald Goldman in 1994. Three years later, a civil jury in California ordered a judgment of over $33 million to the victims’ families. 

“OJ is a good example of a case where you couldn’t get a criminal conviction, but the families of the victim were able to hold the defendant somewhat accountable in civil court,” Schoenstein said. 

Meanwhile, Penny’s lawyers, Tom Kenniff and Steven Raiser said they “will defend any civil suit with the same vigor with which we defended against his unjust criminal prosecution.

“Once again, there will be no compromise,” they said in a joint statement. 

Thus far, typical race hustlers Al Sharpton and Ben Crump have stayed out of the Neely fray, but one can assume they’ll eventually crawl out from their holes. And Law Enforcement Today will be here to report it.