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On May 2023, Jordan Neely was reported to have boarded a subway car and exhibited erratic behavior. In response, Penny restrained Neely with a chokehold for approximately six minutes. The differing expert opinions on the role of the chokehold in Neely's death played a crucial role in the courtroom battle. Following the verdict, Neely's family and supporters expressed outrage outside the courtroom, highlighting perceived imbalances in the justice system, particularly for people of color.
Furthermore, Neely's father has initiated a civil lawsuit against Penny, alleging negligence, assault, and battery, indicating that legal disputes over the event will continue beyond the criminal court's decisions.