Jordan Neely death: Family will file wrongful death lawsuit against Daniel Penny: Report

Penny faces a maximum of 5 to 15 years in prison if convicted

Jordan Neely's family will file a wrongful death lawsuit against Daniel Penny, who is accused of fatally choking a homeless man on a New York City train on May 1.

Penny, 24, is being charged with one count of second-degree manslaughter for allegedly choking Neely, 30, to death. Prosecutors say that Neely was "making threats and scaring passengers."

According to the New York Post, Carolyn Neely, Jordan Neely's aunt, recently hired Manhattan-based Mills & Edwards law firm to file a civil action lawsuit.

"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," the letter reads.

MARINE VET DANIEL PENNY’S GIVESENDGO LEGAL DEFENSE FUND IS SITE’S SECOND-BIGGEST CAMPAIGN

Marine veteran Daniel Penny, right, fatally choked Jordan Neely, left, on a NYC subway after the homeless man threatened passengers. (Mills & Edwards/ AllTrails)

The letter is requesting Penny's insurance information.

Penny's attorney, Thomas Keniff, argues that his client was acting to protect himself as well as other passengers who felt threatened.

If convicted, Penny could face a maximum of 5 to 15 years in prison.

Neely had a history of attacks against subway riders, including one 2021 instance where he punched a 67-year-old woman, breaking her orbital bone and nose, according to court records.

WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’

Daniel Penny leaves the 5th Precinct of the NYPD on Friday, May 12, 2023. Penny is charged in connection with the death of subway rider, Jordan Neely.  (Julia Bonavita/Fox News Digital)

A crowdfunding campaign on GiveSendGo set up to pay Daniel Penny's legal fees has raised over $2 million. According to the fundraiser, any excess money will go to a mental health advocacy program in New York City.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway.  (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

"Any proceeds collected which exceed those necessary to cover Mr. Penny’s legal defense will be donated to a mental health advocacy program in New York City," the fundraiser states.