On a crowded New York City subway car one spring afternoon in 2023, two lives crossed in a moment that would ignite a national debate.
One man, Jordan Neely, was a once-talented Michael Jackson impersonator whose life had unraveled into homelessness and mental illness. The other, Daniel Penny, was a 24-year-old former U.S. Marine who says he was simply trying to protect his fellow passengers.
When the train pulled out of the station that May day, Neely began shouting — agitated, erratic, desperate. Minutes later, Penny placed him in a chokehold. By the time the train stopped again, Neely was unconscious. He never woke up.
The medical examiner ruled Neely’s death a homicide. The video that surfaced went viral. And in a city already divided over safety, homelessness, and race, everyone seemed to have an opinion — often a fierce one.
Daniel Penny Acquitted on Criminal Charges
During the trail, Penny’s defense team positioned him as a good Samaritan who stepped up when others froze — a man acting instinctively to protect innocent lives. The prosecution attempted to paint him as a vigilante who used deadly force on an unarmed man in distress.
After weeks of testimony, the jury deadlocked on the manslaughter charge, which the prosecutors successfully requested a dismissal allowing the jury to continue deliberations on the lower charge of criminally negligent homicide. Then, on December 9, 2024, Penny was found not guilty of the lesser charge and cleared of all criminal wrongdoing.
Outside the courthouse, cheers and tears mixed in the cold air. Supporters called it justice. Critics called it a miscarriage of it. The story, it seemed, was far from over.
The Brewing Civil Battle
Even before the jury deliberations ended in the criminal case, Jordan Neely’s father, Andre Zachery, filed a civil lawsuit against Penny on December 5, ostensibly because he believed Penny’s acquittal was likely. The suit accuses Penny of negligence, assault, and battery, arguing that his chokehold directly caused Neely’s death.
Civil cases aren’t about prison time — it’s about accountability and damages. Unlike criminal court, civil trials don’t require proof “beyond a reasonable doubt,” the plaintiff, Neely’s father in this case, just needs to establish that Penny’s actions more likely than not caused harm. That means the civil case could have a very different outcome than the criminal trial.
Where the Civil Case Stands
Penny’s legal team has already asked the court to dismiss the case, arguing he acted reasonably to protect others and that Neely’s own behavior contributed to the tragedy. Judges will decide whether the case moves forward to trial — a process that could take months or even years.
For now, the civil case remains pending, a reminder that legal accountability and public judgment can follow a person long after a criminal verdict is rendered.
As a practical matter – it means Daniel Penny is still incurring substantial legal bills to pay for his civil case defense.
Why Legal Defense Protection is an Important Safeguard
You don’t have to be a millionaire to be the target of a civil case. The aggrieved family of your attacker can find an attorney to bring a civil suit that if you lose, could result in you having to forfeit your house, car, savings, and face decades of wage garnishment.
The Daniel Penny case isn’t unique in terms of legal principles, but it became highly visible due to the timing and location of the incident, its racial dimensions, and the viral videos that circulated widely. The high-profile nature of the subway trial allowed Penny to attract substantial financial support for his legal defense from donors across the country. Most self-defense cases, however, don’t receive this level of attention, making it far harder for defendants to secure similar funding.
Fortunately, you don’t have to face a situation like Daniel Penny’s alone. That’s where Second Call Defense steps in.
Immediate up-front self-defense legal protection from Second Call Defense is your protection against reckless prosecution and spurious civil suits. The use of any form of self-defense can get you arrested, prosecuted, and convicted without proper representation. We cover all incidents of self-defense, whether you use your hands, feet, a knife, rock or a firearm.
With Second Call Defense you have an UNLIMITED legal defense budget for both criminal and civil suits.
Ask yourself these questions, and if the answer is “no” to any of them, chances are you need Self-Defense Liability Legal Protection:
- Do you have an attorney on retainer skilled in defending against criminal charges?
- Do you have an unlimited budget to pay out-of-pocket for your legal defense bills?
- Do you have at least $100,000 in cash to pay a bail bondsman that you can afford not to get back?
- Do you have ready access to professional psychological counseling for post-incident treatment?
- Do you have legal protection against civil damages that could force you to sell your home, cars, guns, and other assets to pay a judgment?
Join Second Call Defense Today
Second Call Defense has a 100% success rate defending our Members. We ensure that you’re never alone in the aftermath of a self-defense incident and we will never ask you to pay us back for your legal defense. Click here to become a Member of Second Call Defense.
*Second Call Defense is not insurance and does not sell or promote insurance products. Second Call Defense is a membership organization that provides its members access to the “Second Amendment Support Foundation, Inc.,” which provides the means necessary to protect Second Call Defense members from the legal aftermath of exercising their right to self-defense. For an overview of the differences between Second Call Defense Member Benefits and traditional insurance, click here.