The father of Jordan Neely, the man who died after a Marine veteran on a New York City subway car put him in a chokehold, has announced a lawsuit against the man facing charges of manslaughter in his son's death.

Andre Zachary, Neely’s father, filed the suit Wednesday against Daniel Penny in New York Supreme Court.

Zachary accused Penny of negligence, assault and battery, leading to Neely’s death in May of last year.

Zachary’s lawsuit comes as a jury is in its third day of deliberations in Penny’s criminal trial.

Both cases surround an incident from May 1 2023, when Neely, a 30-year-old homeless man, started shouting at passengers on a subway at that he was hungry, thirsty and suicidal.

Penny, 24, jumped in, forcing Neely to the ground where he held him in a chokehold. 

Video posted online showed the incident, in which Penny held Neely in a headlock position for several minutes. Another passenger pinned Neely’s arms while a third person held down his shoulder.

The chief medical examiner’s office concluded Neely died from compression of the neck and ruled his death a homicide by the city chief medical examiner’s office.

Penny was initially taken into custody and released after the incident, but a grand jury voted to indict Penny in June 2023. He has pleaded not guilty. 

Zachary, Neely’s father, 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 Associated Press.

But Penny’s lawyer told the AP that Zachary Neely’s case is a “distraction.”

“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,” said Steven Raiser. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”

Raiser added that Penny has not yet been served in the new lawsuit.

Penny's attorneys have argued their 26-year-old client restrained Neely because he was worried about the safety of other passengers on the subway car.