An NYPD detective said in court Thursday that a New York veteran charged with manslaughter in the death of an erratic man who broke into a subway car and threatened passengers waived his Miranda rights to speak with detectives. He testified that he had not been informed of the man's death when he agreed to the interview. .
A lawyer for Daniel Penny, a 25-year-old Marine veteran, told Fox News Digital that “there is overwhelming evidence that Danny was justified in his actions to protect train commuters.” spoke. They question whether police had probable cause to detain him and whether the statements prosecutors plan to use against him at trial were properly obtained.
Penny is accused of appearing in a cellphone video of her strangling Jordan Neely, 30, as other passengers helped restrain Penny in May 2023.
The defense called an NYPD investigator to the stand on Thursday and grilled him about whether there was probable cause to arrest his client in the first place.
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Daniel Penny arrives for a pretrial hearing at New York's Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. (Julia Bonavita/Fox News Digital)
According to the NYPD's Detective Division, Penny was not informed that Neely had died during the interrogation. Michael Medina testified. After he and his colleagues interviewed other witnesses, they released Penny. They originally called him “The Good Samaritan.”
Medina, who has been with the NYPD for 23 years, was the first of five officers involved in the investigation to testify Thursday.
Penny was treated as a witness during the interrogation and was not handcuffed. Their conversation was recorded on video. Penny waived her Miranda rights. In the room with them was another detective whose last name was McCarthy.
Prosecutors played video of the interrogation in court Thursday.
Penny is shown calmly cooperating with detectives and explaining that she is a Marine veteran studying to become an architect. He was on his way to the gym after class when the altercation occurred.
US Marine veteran Daniel Penny pleads not guilty to murder in strangulation death of Jordan Neely
Screenshot of bystander video showing Jordan Neely being strangled on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez, via Storyful)
According to testimony at Thursday's hearing, Neely forced his way onto the train just past the 10th Street station, ripped off his jacket and threatened to “kill everyone.”
“He was acting like a madman, like a crazy person,” Penny told detectives. He said Neely threw the jacket and then yelled something like, “If you don't get this, this, and this, I'm going to jail forever.”
There were women and children on the train, and Penny felt threatened. When Neely came in on him, he put him in a chokehold, he said.
“I'm not trying to kill the guy,” he told detectives. “I'm just trying to de-escalate the situation.”
He said two other men on the train helped hold Neely down while they waited for police to arrive.
“People do things like this all the time, but this guy was a real threat,” he told officers. Medina and McCarthy told him he would be detained for the time being, and he asked for a lawyer.
This undated May 12, 2023 photo provided by the New York law firm of Mills & Edwards shows Jordan Neely (left) and his aunt Carolyn Neely. (Courtesy of Mills & Edwards, LLP, via AP)
A public safety official testified that when he arrived at the train, he saw Neely unconscious on the ground and asked him what happened. He said witnesses identified the defendant by pointing at Penny in court.
He said witnesses told him Neely got on the train and began making threats, and that Penny “took him out.” Body camera video showed Penny remaining at the scene and cooperating with responding officers.
Neely was unconscious when police arrived, but had a pulse, a public safety official testified. However, responding officers then attempted CPR on him and administered an opioid overdose antidote, which is used to revive him during an overdose.
Daniel Penny returns after a break during his pretrial hearing at New York's Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. (Julia Bonavita/Fox News Digital)
The next witness was Officer Dennis Kang, a five-year veteran who also responded to the vehicle and met Penny at the scene. He said witnesses described Mr Neely as “erratic” and said Mr Penny was “stopping” him. Others on the train seemed to support Penny, she said.
The judge said he would not release the video played in court Thursday to the media because the trial had not yet begun.
Penny's lawyers argue that police had no reason to arrest her and question whether the statements they intend to use against her were improperly obtained.
Daniel Penny leaves for a break during a pretrial hearing at New York's Supreme Criminal Court on Thursday, October 3, 2024, in Manhattan. (Julia Bonavita/Fox News Digital)
“The government must prove that the statements it plans to use at trial were not obtained through coercion or intimidation,” Steve Riser, one of the attorneys, earlier told Fox News Digital. “Additionally, we must prove that probable cause exists to believe that a crime has been committed. Our position is that despite the low level of evidence required to establish probable cause, police “They didn't have enough evidence. This is especially true given the overwhelming evidence that Danny was justified in his actions to protect commuters on that train.” ”
Witnesses said Neely, who is homeless, was threatening subway passengers and acting aggressively. He had a history of mental illness and violence, including an assault on a 67-year-old woman in 2021.
Daniel Penny arrives for a pretrial hearing at New York's Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. (Julia Bonavita/Fox News Digital)
Police questioned and released Penny on the day of the incident, but 11 days later, Manhattan District Attorney Alvin Bragg's office announced charges of manslaughter and criminally negligent homicide. He pleaded not guilty.
Critics of Mr. Bragg's decision to prosecute Penny call the action political and believe the veteran acted in self-defense and to protect other passengers.
“if [Neely] If he had carried out his threat, he would have done so. killed someone” Penny told FOX News Digital in June 2023.
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Another witness expressed similar concerns.
Neely allegedly yelled abusive words, saying, “I don't care if I have to kill F, I'll kill him.'' “I'm going to jail, I'm going to get shot.”
Prosecutors said last year they received at least the following information: 5 eyewitness videos Surveillance video that was planned to be introduced as evidence of the encounter.
If convicted, Penny could face up to 19 years in prison. His trial was scheduled to begin by the end of the month.
FOX News' Maria Palonich contributed to this report.
