On Monday, Penny submitted a reply to the civil suit filed last year in Manhattan Supreme Court just before his December acquittal in criminal court over the subway death of Neely, and argued that Penny is not culpable for any civil damages.

Penny’s attorney Steven Raiser, who helped represent him in his criminal trial, says that any “injuries or damages” suffered by Neely’s dad, Andre Zachery, “were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff,” the filing reads.

In a statement, Raiser said: “We continue to assert Danny’s innocence and will fight back against these allegations with the same vigor and determination as in the criminal case.”

“A criminal jury exonerated Danny from any wrongdoing and we expect nothing less from a civil jury once they too are armed with all the facts,” he added.

Representatives and attorneys for Zachery did not immediately respond to requests for comment.

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