Jordan Neely’s father is suing Daniel Penny over his son’s death as the jury remains in deliberations over whether to convict Penny of manslaughter, the New York Post first reported Wednesday.

Neely’s father, Andre Zachary filed the suit in New York Supreme Court on Wednesday, which accuses Penny of negligent contact, assault, and battery that caused injuries and ultimately Neely’s death last year. Zachary is demanding “judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction,” according to the lawsuit.

Penny, 26, is facing manslaughter charges in the May 1, 2023, death of Neely, 30, a homeless man known for his Michael Jackson impressions.

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