The family of the homeless man put in a fatal chokehold on the F train by straphanger Daniel Penny plans to file a wrongful-death lawsuit against the former Marine, The Post has learned.
The May 1 death of Jordan Neely was caught on video and has sparked a firestorm.
Penny — who last week told The Post in an exclusive sitdown that his actions “had nothing to do with race,” and that he regretted the system tragically failed the mentally-ill Neely — faces a manslaughter charge.
Now Neely’s aunt, Carolyn Neely, who represents Jordan’s estate, has hired the Manhattan law firm of Mills & Edwards to file a civil action against Penny, according to a letter obtained by The Post.
“Please be advised that this office has been retained . . . to pursue a claim for personal injuries and wrongful death. . . . Your action resulted in the death of Jordan Neely,” reads the missive sent to Penny’s attorneys this week.
The letter also requests Penny’s insurance information.
Penny’s attorneys, Steven Raiser and Thomas Kenniff, declined comment.
Penny, 24, is out on $100,000 bail.
His defense fund was at $2.8 million late Saturday. Thousands of donors — who mostly remained anonymous — have flocked to the GiveSendGo campaign created by his attorneys to show their support.
Anything leftover after Penny’s legal bills are paid will be given to a New York City mental health program, his attorneys wrote on the crowdfunding platform.
Footage shows Penny wrapping his arms around Neely’s neck, and two straphangers helping to restrain Neely.
According to witness accounts, Neely was acting erratically and threatening other passengers before Penny stepped in.
Neely had a long history of mental illness and had several prior arrests.
“I’m deeply saddened by the loss of life,” Penny told The Post last Saturday. “It’s tragic what happened to him [Neely]. Hopefully, we can change the system that’s so desperately failed us.”
Neely’s family has said Penny should be tried for murder.
