“Last week the jury couldn’t decide on the top charge, and they come back ... New York Supreme Court on Wednesday accusing Penny of assault, battery and causing Neely’s death.

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“We are obviously very pleased with the Court’s decision to withdraw the top count of this indictment ... Court on Wednesday accusing Penny of assault, battery and causing Neely’s ...

Neely’s father, who has been present at the trial, sued Penny on Thursday, alleging negligence, assault, and battery.