Daniel Penny hit with new civil lawsuit from Jordan Neely’s father amid criminal trial
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(NEW YORK) — The father of Jordan Neely, a homeless man who died after being placed in a chokehold by subway rider Daniel Penny, filed a civil lawsuit against Penny on Wednesday for negligent contact, assault and battery that led to Neely’s death.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening,” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
“The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny’s negligence,” the lawsuit alleged.
Neely’s father, Andre Zachery, requested damages “in such sum as a jury may find reasonable, fair, and just.”
Penny is currently on trial for manslaughter and criminally negligent homicide in Neely’s May 2023 death. Penny, 25, pleaded not guilty to the charges.
The jury is currently deliberating the criminal trial.
Zachery is present in court this morning, seated alone in the courtroom gallery a few rows back from the jury box.
Penny’s attorneys were not immediately available for comment.
(NEW YORK) — President-elect Donald Trump’s criminal hush money conviction in New York must be dismissed “to facilitate the orderly transition of Executive power,” Trump’s defense attorneys argued Wednesday in a letter to the court.
Defense attorneys Todd Blanche and Emil Bove — both of whom Trump nominated last week to top DOJ posts in his new administration — sought the judge’s permission to file a motion to dismiss the case.
“Continuing with this case would be uniquely destabilizing,” the defense letter argued. “Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect.”
The defense filing comes one day after Manhattan District Attorney Alvin Bragg opposed dismissing the case but consented to freeze of all remaining proceedings, including sentencing, until after Trump completes his term.
The defense sought a Dec. 20 deadline to file its motion to dismiss Trump’s 34-count felony conviction for falsifying business records.
Blanche and Bove said that would give Trump time to address “the positions taken by DOJ in the federal cases” Trump faces over the his election interference efforts and his handling of classified documents.
Both of the federal cases are currently paused while the Justice Department evaluates how to proceed.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
McGee’s home was destroyed by Hurricane Helene (left). Her sons inspect the damage after the hurricane (right). Courtesy of Angela McGee
(ASHEVILLE, NC) — When Angela McGee fled her home in Asheville, North Carolina, on the night of Sept. 27 to escape the ravages of Hurricane Helene, she never imagined the destruction the powerful storm would bring.
McGee and four of her eight children who were with her that night grabbed essential items from their trailer near the Swannanoa River in the western part of the state and, through torrential rain and mudslides, made it to higher elevation.
When the storm passed and McGee returned, she found her home razed to the ground and priceless sentimental items gone forever.
“My kids’ baby pictures…I will never be able to flip through the photo album to be able to show my kids,” McGee, 42, told ABC News. “Not being able to show them their certificates, three of my kids [graduated], and not having their diplomas. I’ve lost a lot of my furniture, stuff I work hard for, I lost, and I can’t get it back. The more I think about it, the more I cry about it.”
McGee is one of hundreds of thousands of socially vulnerable North Carolinians who were the hardest hit by Hurricane Helene — the deadliest hurricane to hit the continental U.S. since Hurricane Katrina in 2005 — which claimed more than 200 lives.
Many of the same inequities that contribute to economic and health disparities when natural disasters hit also make it more difficult for some communities to recover and receive aid.
Some communities more socially vulnerable to disasters
According to an October report from the U.S. Census Bureau, more than half a million North Carolinians living under disaster declarations during Hurricane Helene were already highly vulnerable to disasters.
This equates to about 577,000 people across 27 counties in North Carolina living in areas that suffered catastrophic flooding, wind damage, power outages and property destruction after Helene.
The Census Bureau said social vulnerability can include those who suffer from poverty, are in advanced age, have communications barriers or don’t have access to internet.
Other experts who are working in the area say they are other vulnerable communities such as those who are disabled.
Lisa Poteat, interim executive director of The Arc of North Carolina — a statewide nonprofit organization that focuses on advocacy and services for people with intellectual and developmental disabilities and their families — said people with disabilities are among those who are hit harder during disasters. She said she’s seen lots of needs from the disabled community as a result of Hurricane Helene.
“Folks with intellectual and developmental disabilities, for instance, often are reliant on their families or others around them for support, so it’s been critical that we get information to those groups,” she told ABC News.
“As you can imagine, many people with intellectual disabilities have trouble reading and sometimes don’t communicate well. So when we’re sending out blast in emails or texts. It’s often not helpful unless there’s someone there who can interpret or read or help them understand what’s going on.”
She added that many North Carolinians in the west live creekside, riverside and high up in the hills in isolated areas, making them very “self-reliant” but also difficult to reach.
FEMA struggles to reach hard-hit areas
Following the destruction of her home, McGee eventually managed to reach a fire station in Black Mountain, east of Asheville.
She said she and her children were forced to live out of her car for four days with not much food and water, no phone signal and no money, surviving with the help of other evacuees.
McGee said she went to the information desk at the fire station every day to ask when assistance was coming, and she was told it would be a while before officials from the Federal Emergency Management Agency (FEMA) could reach them. McGee was frustrated by the news.
“It took FEMA, like, a whole week to get to us…And I don’t understand that. I’m mad about that,” she said. “‘Oh, FEMA can’t get in here because it’s so damaged, they will have to fly in here to get to us.’ That’s why they say that FEMA took a long time to get to us. There’s no [excuse] for that.”
Craig Levy, deputy federal coordinating officer for FEMA officials in North Carolina, acknowledged that getting to the devastated communities was difficult for aid workers.
Levy told ABC News that FEMA faced several challenges trying to get to people in need, including landslides, roads that were washed out and rough terrain only accessible by helicopter. He said FEMA had Disaster Survivor Assistance Teams partner with the active-duty soldiers to hand out food, water and emergency supplies in isolated areas.
“One of our teams teamed up with those soldiers as they were going into an isolated area in order to reach a community, and that particular community had a very high number of elderly and homebound individuals that needed the assistance, and we were able to get in there,” he said. “We brought with us a portable satellite data terminal so that we could get online, help those folks register and help them also get the word out a little bit if they hadn’t been able to reach loved ones.”
Levy acknowledges the challenges faced in getting help to those who likely faced hardship long before Hurricane Helene made landfall.
He says FEMA has and will continue to try to adapt their services accordingly. For those without internet access, challenges with technology or with language barriers, Levy says FEMA’s Disaster Survivor Assistance Team goes door to door to register residents for assistance and translates resource materials into as many different languages as are spoken in the region being served.
Levy states that FEMA sets up disaster recovery centers in community spaces, such as government office buildings or near grocery stores, to meet residents in need where they are.
FEMA hopes that recent individual assistance reform allows residents to receive money up front a lot sooner, expand access to resources for the uninsured and for accessibility improvements to housing.
As of Nov. 25, McGee is still waiting for FEMA assistance and has been trying to push for updates on her request.
Helping vulnerable communities look forward
As extreme weather events become more frequent, advocates say official emergency response efforts need to account for those most vulnerable and the challenges they face before, during and after a tragedy.
This response, advocates say, should also address the root causes for social vulnerability, as well. Ana Pardo, an activist at the North Carolina Justice Center, says disaster preparedness and economic preparedness go hand-in-hand.
“Allowing families to make enough of a living from their labor to be prepared and to have some economic resilience in the face of a disaster is part of disaster preparedness,” Pardo told ABC News. “We’ve stretched people and put them in a corner for so long that they don’t have anything of their own to rely on right now.”
But when emergency and recovery response falters, some residents hope to step up for their neighbors in need.
The Eastern Band of Cherokee Indians (EBCI), a federally recognized Indian tribe in western North Carolina, say they were spared from much of the devastation, allowing them to create distribution centers and gather donations to deliver supplies to a large swath of the state devastated by Hurricane Helene.
“I have never seen our community come together as a whole and support each other and support our neighbors,” Anthony Sequoyah, the Secretary of Operations for EBCI, told ABC News.
Pardo said she’s emotional just thinking about the volunteers who came to the region to muck out homes filled with mud and to gut wet drywall to prevent mold buildup in flooded buildings.
“We’ve had hundreds of people coming through every week to dig mud off the streets and try to save the businesses that are in our town,” said Pardo. “There’s just been such an outpouring of care and resources and effort.”
(NEW YORK) — The back-to-back retirements of two college quarterbacks seemingly at the start of their careers has put a spotlight again on concussions and youth sports, particularly football.
On Oct. 23, North Carolina State quarterback Grayson McCall announced on Instagramthat he would retire from the sport after being carted off the field in an Oct. 5 game that saw him lose his helmet in a hit.
“As you all know I have battled injuries my whole career, but this is one that I cannot come back from. I have done everything I can to continue, but this is where the good Lord has called me to serve in a different space,” McCall, 23, wrote alongside photos of him playing football as a young kid. “Brain specialists, my family, and I have come to the conclusion that it is in my best interest to hang the cleats up.”
Just five days later, on Oct. 28, University of Michigan quarterback Jack Tuttle announced that he too is retiring from football, also citing medical reasons.
Tuttle, a seventh-year senior, underwent surgery on his throwing arm in the offseason, according to ESPN, and then this season suffered the fifth concussion of his career.
“Unfortunately, the recent experience of enduring my fifth concussion has brought forth the painful truth: that I need to start prioritizing my health,” Tuttle, 25, wrote, in part, in an Instagram post announcing his retirement. “Throughout my college career, I’ve battled numerous injuries, culminating in this difficult choice to step away from playing the game that I love.
Both Tuttle and McCall noted that they planned to stay involved with football through coaching, with McCall writing, “I look forward to taking my passion and love for the game into the coaching space to serve and lead the next group of kids with a dream.”
Whether it’s safe for young kids to dream of playing football is a conversation starting again in the wake of the quarterbacks’ retirements, as well as the recent deaths of two youth football players.
Among youth sports, boys’ football has the highest rate of concussion, with10.4 concussions per 10,000 athlete exposures, according to a 2019 study published in the journal Pediatrics. Girls’ soccer and boys’ ice hockey followed behind with the second and third highest rates, respectively.
For kids who start playing tackle football at a young age, the concussions can start just as young. A 2018 study found that 5% of youth football players ages 5 to 14 suffer a football-related concussion each season.
And the science shows that each concussion — caused by a jolt to the head or a hit to the body — matters.
While not usually life-threatening, the effects of even a mild traumatic brain injury (TBI) or concussion, can be “serious,” according to the U.S. Centers for Disease Control and Prevention, causing changes to the brain that can impact a kid’s sleep, learning, behavior and thoughts.
Over time, repeated concussions can cause long-term problems with concentration, memory, balance and headaches, according to the CDC.
Chris Nowinski, Ph.D., co-founder and CEO of the Concussion Legacy Foundation, a nonprofit organization focused on concussion and CTE research, told ABC News that while he doesn’t know the specifics of Tuttle’s and McCall’s, it’s notable that they retired from football now, during their college careers.
“It’s important remember, you only get one brain, and when you’re playing football, you’re risking your long-term brain health,” Nowinski said. “And so you want to make sure that when you get warning signs that your brain is losing its resilience to trauma, you shut it down before it gets too bad.”
He added of Tuttle and McCall, “They’re better off finding that new passion versus running their brain to the ground and dealing with those consequences for the rest of their lives.”
Takeaways for parents and young athletes
Nowinski said he recommends that if a child is interested in playing football, they play flag or touch football instead of tackle football for as long as possible.
It’s a recommendation echoed by the CDC, which cites data showing youth tackle football players had 15 times more head impacts during a practice or game than flag football athletes.
If a child is playing tackle football, safety recommendations from the CDC include reducing the number of contact practices for teams, teaching position-specific and age-appropriate tackling and blocking skills, and strictly enforcing penalties for head hits.
Noting the importance of kids getting as few concussions as possible, Nowinski said he also encourages parents, coaches and trainers to give young athletes more than enough time to recover from a concussion.
“That means staying out longer than a week after a concussion, and potentially staying out longer than is even recommended,” he said. “And that when there are two concussions in a shorter period of time, that you take longer off.”
For young athletes hesitant to miss a game or practice, Nowinski said the takeaway message is, “The more [concussions] you get, the more you risk having to step away from your sport.”
Dr. Munro Cullum, a concussion expert and neuropsychologist from UT Southwestern’s O’Donnell Brain Institute, told ABC News that he tells parents and athletes, “If in doubt, sit it out.”
“If you have questions about how you’re doing, the line I use for a lot of young adults that I see is, ‘If you’re impaired and not functioning at your best, you can’t be the best for your team,'” Cullum said. “‘You can’t be there for your team in full strength, and therefore, you need to let people know when there’s something wrong.'”
Cullum said that parents and guardians can often be the first line of defense when it comes to identifying a concussion in their child.
“I encourage parents to educate themselves about concussion signs also because some of the changes can be very subtle,” he said. “Their behaviors may change and maybe only a parent would notice that somebody’s more sullen or they’re more anxious than they used to be.”
In some cases, symptoms of concussions may appear right away, while in others it may take hours or days after the injury for symptoms to appear.
Concussion symptoms can range from dizziness, nausea, vision problems and headaches to concentration problems, fogginess, anxiety, sadness, nervousness or changes in sleep, according to the CDC.
When it comes to knowing whether the latest concussion is one too many for an athlete, Cullum said there is no “magic number.”
“We don’t yet know how many concussions are too many or for whom,” Cullum said, adding, “It’s what’s unique about one individual versus another. There can’t really be a blanket prescription that’s right for everybody. One size doesn’t fit all.”
