Jordan Neely’s Father is the True Villain of this Story

And his wrongful death lawsuit against Daniel Penny proves it...

The Daniel Penny trial was a distasteful, horrid affair for myriad reasons—not least because it was yet another example of our media racializing a non-racial tragedy, which was subsequently exploited for personal gain by race-baiters masquerading as civil rights activists. But perhaps the most disturbing aspect of the trial came after Penny’s acquittal—the reaction of Jordan Neely’s father, Andre Zachery.

After the verdict was announced, Zachery had to be escorted from the courtroom after erupting in anger. Outside the courtroom, Zachery broadcasted his sorrow, condemning the “rigged system” and blaming racism for the jury’s failure to convict Penny. I immediately, sincerely hoped that Zachery’s emotional reaction was simply an attempt to hide his own embarrassment—that, deep down, Zachery knows how badly he failed his son and that it is he, not the “rigged system”, who is the true villain of this story.

You see, prior to his death, Jordan Neely had been homeless for years, having struggled with drug addiction and mental health issues, and having been arrested 42 times for various crimes. When he was just 14, Neely's mother was murdered, her body crammed into a suitcase and discarded on the side of a New York City freeway. Neely had to testify on his mother’s behalf and was subsequently placed into foster care. At 14, Jordan Neely became an ‘orphan’—despite his father living in the same city as him.

My hopes for any kind of self-reflection on the part of Andre Zachery were soon dashed when I learned that he has already filed a ‘Wrongful Death’ lawsuit against Daniel Penny in civil court. Not only is Zachery not ashamed for having condemned his son to a life of lonely pain, abuse and addiction, culminating in an untimely and undignified death. He wants to be paid for it.

Wrongful Death Suit: A Grifter’s Last Resort

Unlike a murder/manslaughter charge, which is a criminal action that can only be brought by the government on behalf of the people, ‘Wrongful Death’ is a civil claim brought by the surviving family of a deceased person, that seeks monetary compensation from the party responsible for the death. This type of action is most often filed by the spouse of a deceased, as it is designed to compensate the survivor for the financial loss and emotional impact of the wrongful death. Damages may include financial losses, such as lost wages, as well as intangible losses, such as loss of love, support, and guidance. However, the value of the damages in Wrongful Death suits can vary wildly, as they depend on the specific circumstances—particularly the age and earning potential of the deceased. For example, a woman who loses her 35-year-old husband would be entitled to far greater damages than a woman who loses her 85-year-old husband.

Why are we bothering to explain all this? Because, in respect of the death of Jordan Neely, his father is entitled to exactly $0. Why? A Wrongful Death suit is all about attempting to return what was lost—restoring to the family the full value they would have realized if their loved one had lived a full life. It aims to give the family what they ‘deserve’. Does this apply to Andre Zachery, who knew of his son’s plight, but continued to watch on as Neely descended into homelessness and crime? No, for Andre Zachery’s desertion of his son, he ‘deserves’ no monetary compensation. If justice were served, Andre Zachery and Daniel Penny would swap places, and it would be Zachery, not Penny, on trial for the death of Jordan Neely. Better yet, if justice were truly to be served, Andre Zachery would be given the opportunity to swap places with his dead son. Not that I would expect him to take it.

‘If-Only’…

So what damages is Andre Zachery seeking? In the newly filed civil action against Daniel Penny, Zachery "demands judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction." (AKA a large sum of money). Do I expect Zachery’s lawsuit to succeed? Who knows. But the fact that he, one of the few people with any kind of ability to have prevented Neely’s fate, has the gall to file the lawsuit, speaks volumes about the man’s character.

If Andre Zachery were a good man, he would have accepted the role he played in sending his son to the depths of hell and abandoning him there. If he were a good man, he would’ve apologized to Daniel Penny for indirectly wreaking havoc on his life for the last year, instead of suing him. But if Andre Zachery were a good man, his son would still be alive today. We know he isn’t.

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