Subway chokehold death: Man’s father files civil suit against Daniel Penny

A jury is currently deliberating the separate criminal case involving Mr Penny, a former marine, who is accused of putting Mr Neely in a fatal chokehold.

He could face up to 15 years if found guilty of manslaughter.

Witnesses say Mr Neely, who was homeless and lived with severe mental illnesses, boarded a New York City subway car and began shouting at the other passengers.

He asked for money and screamed that he was hungry and wanted to go back to jail.

Mr Penny became involved and put Mr Neely in a chokehold, pinning him to the ground for several minutes.

Lawyers for Mr Penny say the Long Island native intervened out of fear that Mr Neely would hurt other passengers.

A medical examiner ruled that Mr Neely died from neck compression.

Prosecutors in the courtroom have cast Mr Penny as reckless while his attorneys argue he was protecting other passengers.

The incident has led to political divisions with conservatives praising Mr Penny, who is white, as a hero while critics say he was unjustified when he killed Mr Neely, who is black.

Mr Penny’s trial has featured bystander videos of the chokehold, 911 calls, police body camera footage and testimony from witnesses.

Mr Neely had dozens of previous arrests for evading fares, theft and assaults on three women. Family members say his mental health issues began when his mother was strangled by her boyfriend 15 years ago.