An NYPD detective testified in court docket Thursday that the New York veteran accused of manslaughter in reference to the demise of an erratic man who barged onto a subway automotive and threatened passengers had not been advised the person had died when he waived his Miranda rights and agreed to talk with detectives.
Attorneys for Daniel Penny, a 25-year-old Marine Corps veteran, advised Fox Information Digital there may be “overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train.” They’re questioning whether or not police had possible trigger to detain him and whether or not statements prosecutors plan to make use of towards him at trial had been correctly obtained.
Penny was charged after he appeared on cellphone video inserting Jordan Neely, 30, in a chokehold as different passengers helped restrain him in Could 2023.
The protection referred to as NYPD investigators to the stand Thursday to grill them about whether or not there was possible trigger to arrest their consumer to start with.
KEY WITNESSES IN DANIEL PENNY, JORDAN NEELY CASE REFUSE TO COOPERATE WITH DA BRAGG’S OFFICE: REPORT
Daniel Penny arrives for a pre-trial listening to on the New York Supreme Legal Courtroom in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 demise of Jordan Neely on a New York Metropolis subway prepare. (Julia Bonavita / Fox Information Digital)
Penny had not been advised that Neely was lifeless throughout his questioning, NYPD Detective Michael Medina testified. He and a colleague let Penny go after interviewing different witnesses. They initially dubbed him a “good Samaritan.”
Medina, a 23-year member of the NYPD, was the primary of 5 officers concerned within the investigation to testify Thursday.
Penny was handled as a witness in the course of the interview and was not positioned in handcuffs, he mentioned. Their dialog was recorded on video. Penny waived his Miranda rights. There was one other detective, whose final identify is McCarthy, within the room with them.
Prosecutors performed video from the interview in court docket Thursday.
It exhibits Penny calmly cooperating with the detectives, explaining that he is a Marine veteran and learning to be an architect. He mentioned he was on his approach to the gymnasium after class on the time of the altercation.
US MARINE VET DANIEL PENNY PLEADS NOT GUILTY TO MANSLAUGHTER IN CHOKEHOLD DEATH OF JORDAN NEELY
Screenshot from bystander video exhibiting Jordan Neely being held in a chokehold on the New York Metropolis subway. (Luces de Nueva York/Juan Alberto Vazquez through Storyful)
In keeping with testimony on the Thursday listening to, Neely barged onto the prepare after the tenth Road station, ripped his jacket off and threatened to “kill anybody,” he mentioned.
“He was acting like a lunatic, like a crazy person,” Penny advised detectives. He mentioned after Neely tossed his jacket, he shouted one thing alongside the traces of, “If I don’t get this, this and this, I’ll go to jail forever.”
There have been girls and youngsters on the prepare, and Penny perceived a risk. When Neely walked into him, he mentioned, he put him in a chokehold.
“I’m not trying to kill the guy,” he advised detectives. “I’m just trying to de-escalate the situation.”
He mentioned that two different males on the prepare helped him maintain Neely down as they waited for police to reach.
“People do this all the time, but this guy, he was actually a threat,” he advised the officers. Medina and McCarthy advised him he could be detained in the meanwhile, and he requested for a lawyer.
This undated picture, offered by Mills and Edwards, LLP, in New York, Friday, Could 12, 2023, exhibits Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny, a U.S. Marine veteran who used a deadly chokehold on agitated New York Metropolis subway passenger Jordan Neely, was charged with manslaughter. (Courtesy Mills & Edwards, LLP through AP)
A public security officer testified that when he arrived on the prepare, he noticed Neely unconscious on the bottom and requested what occurred. The witnesses pointed to Penny, he mentioned, figuring out the defendant within the courtroom.
He mentioned witnesses advised him that Neely boarded the prepare, started making threats, and Penny “took him out.” Bodycam video confirmed Penny remained on the scene and cooperated with responding officers.
Neely was unconscious when police arrived however had a pulse, the general public security officer testified. Nonetheless, responding officers later tried giving him CPR and administered Narcan, a heroin antidote used to revive folks throughout overdoses.
Daniel Penny returns after a break throughout his pre-trial listening to on the New York Supreme Legal Courtroom in Manhattan on Thursday, Oct. 3, 2024. (Julia Bonavita / Fox Information Digital)
The subsequent witness was Officer Dennis Kang, a 5-year veteran who additionally responded to the prepare automotive and met Penny on the scene. He mentioned witnesses described Neely as “erratic” and mentioned Penny was “stopping” him. Different folks on the prepare gave the impression to be supportive of Penny, he mentioned.
The choose mentioned he wouldn’t be releasing video performed in court docket Thursday to the media as a result of the trial has not but begun.
Penny’s attorneys are arguing that police had no trigger to arrest him, and they’re questioning whether or not any statements they intend to make use of towards him had been improperly obtained.
Daniel Penny leaves for a break throughout his pre-trial listening to on the New York Supreme Legal Courtroom in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 demise of Jordan Neely on a New York Metropolis subway prepare. (Julia Bonavita/Fox Information Digital)
“The Government must demonstrate that any statements they intend to use at trial were not obtained through coercion or threats,” one among his attorneys, Steve Raiser, advised Fox Information Digital earlier. “In addition, they will need to prove that probable cause existed to believe that a crime was committed. Our position will be that despite the low level of evidence necessary to demonstrate probable cause, the police did not have sufficient evidence. This is especially true considering the overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train.”
Witnesses mentioned the homeless Neely was threatening subway riders and behaving aggressively. He had a historical past of psychological sickness and violence, together with the 2021 assault of a 67-year-old girl.
Daniel Penny arrives for a pre-trial listening to on the New York Supreme Legal Courtroom in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 demise of Jordan Neely on a New York Metropolis subway prepare. (Julia Bonavita / Fox Information Digital)
Police questioned and launched Penny on the day of the incident, however 11 days later, Manhattan District Legal professional Alvin Bragg’s workplace introduced an indictment on fees of manslaughter and criminally negligent murder. He has pleaded not responsible.
Critics of Bragg’s resolution to prosecute Penny have referred to as the transfer political and consider that the veteran acted in self-defense and to guard different passengers.
“If [Neely] had carried out his threats, he would have killed any person,” Penny advised Fox Information Digital in June 2023.
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One other witness expressed comparable issues.
“I don’t care if I have to kill an F, I will,” Neely had allegedly ranted. “I’ll go to jail, I’ll take a bullet.”
Prosecutors mentioned final yr that that they had obtained at the least 5 eyewitness movies of the encounter and surveillance video they deliberate to introduce as proof.
Penny faces as much as 19 years in jail if convicted. His trial was slated to start earlier than the tip of the month.
Fox Information’ Maria Paronich contributed to this report.
