As the jury deliberates Daniel Penny's fate in the manslaughter trial concerning the death of Jordan Neely, Neely's father, Andre Zachary, has initiated a civil lawsuit. Penny, a 26-year-old architecture student, is accused of causing Neely's death by holding him in a chokehold on a New York City subway after Neely exhibited erratic behavior and made threats. The lawsuit, filed while the jury was still in deliberations, alleges Penny negligently assaulted, battered, and seriously injured Neely, ultimately leading to his death. Penny's legal team stated they had not yet been formally served with the lawsuit and emphasized that the timing is distracting, given the significant implications of the criminal trial. If convicted of manslaughter, Penny could face up to 15 years in prison. The jury has spent several days reviewing evidence and seeking clarification on legal definitions related to the case. Penny's defense centers on the justification of his actions in response to Neely's behavior and the perceived threat to subway passengers. Penny's statement to detectives, where he expressed concern about subway crime and described Neely's erratic actions, is key evidence in the case. Legal experts suggest that the civil lawsuit may offer Neely's father a greater chance of obtaining some form of legal remedy, given the lower burden of proof required in civil cases compared to criminal trials. The jury is set to continue deliberations.

Andre Zachery, father of Jordan Neely, at Daniel Penny's trial. (Adam Gray for Fox News Digital)

Jordan Neely in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Daniel Penny arriving at Manhattan Criminal Court. (Adam Gray for Fox News Digital)

Andre Zachary, Jordan Neely's father, at court. (Rashid Umar Abbasi for Fox News Digital)