An NYPD detective testified in court Thursday that the veteran New York man charged with murder in connection with the death of a random man who threatened passengers after breaking into a subway car was not told he was That the person has died even though he had waived his Miranda rights and agreed to it. Talk to the spies.
Lawyer for 25-year-old Daniel Penny Marine Corps veteran“There is overwhelming evidence that the steps Danny took to protect the passengers on that train were appropriate,” he told Fox News Digital. They are questioning whether police had probable cause to detain him and whether the statements that prosecutors planned to use against him at trial were properly obtained.
Penny was charged after cellphone video in May 2023 appeared to choke 30-year-old Jordan Neely as other passengers helped restrain him.
The defense called NYPD investigators to the stand Thursday to question them about whether there was probable cause to initially arrest their client.
Daniel Penny arrives for a pre-trial hearing at the New York Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. Penny, a Marine veteran, has been charged with second-degree murder and criminally negligent homicide in Jordan’s 2023 death. Blue in a New York City subway train. (Julia Bonavita/Fox News Digital)
NYPD Detective Michael Medina testified that Penny was not told that Neely was dead during the interrogation. He and a colleague let Penny go after interviewing other witnesses. They initially dubbed him the “Good Samaritan”.
Medina, member for 23 years NYPDHe was the first of five officers involved in the investigation to testify Thursday.
Penny was treated as a witness during the interview and was not handcuffed, he said. Their conversation was recorded on video. Penny waived her Miranda rights. There was another detective in the room with him, whose last name is McCarthy.
Prosecutors played video of the interview in court Thursday.
It shows Penny peacefully cooperating with the detectives, and reveals that she is a Marine veteran and is studying to become an architect. He said he was on his way to the gym after class at the time of the fight.
US Navy vet Daniel Penny pleads not guilty to murder by strangulation of Jordan Neely
Screenshot of viewer’s video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
According to testimony at Thursday’s hearing, Neely stormed the train after the 10th Street station, tore off his jacket and threatened to “kill anybody.”
“He was acting like a crazy, crazy person,” Penny told detectives. He said that after Neely threw his jacket, he yelled something like, “If I don’t get this, this and this, I’m going to jail forever.”
There were women and children on the train and Penny felt in danger. When Neeli came near him, he strangled her, he said.
“I’m not trying to kill that guy,” he told detectives. “I’m just trying to deescalate the situation.”
He said two other people on the train helped him catch Neely as they waited for police to arrive.
He told officers, “People do this all the time, but this guy was really a threat.” Medina and McCarthy told him he would be detained for some time, and he asked for a lawyer.
In this undated photo provided by Mills & Edwards, LLP in New York on Friday, May 12, 2023, Jordan Neely, left, appears with Caroline Neely, an aunt. Daniel Penny, a US naval veteran who used a fatal chokehold on agitated New York City subway passenger Jordan Neely, was charged with murder. (Courtesy Mills & Edwards, LLP via AP)
A public safety officer testified that when he arrived at the train, he saw Neely unconscious on the ground and asked what happened. He identified the defendant in the courtroom, saying witnesses pointed to Penny.
He said witnesses told him that Neely got on the train, began making threats, and that Penny “kicked him out.” Bodycam video showed that Penny remained at the scene and cooperated with responding officers.
When police arrived, Neely was unconscious but had a heartbeat, the public safety officer testified. However, responding officers later tried to give him CPR and administered Narcan, a heroin antidote used to revive people during overdoses.
Daniel Penny returns after a break during his pre-trial hearing at the New York Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. (Julia Bonavita/Fox News Digital)
The next witness was Officer Dennis Kang, a 5-year veteran who also responded to the train car and met Penny at the scene. He said witnesses described Neely as “erratic” and that Penny was “restraining” him. Other people on the train were seen supporting Penny, he said.
The judge said he would not release the video played in court on Thursday to the media because the trial had not yet started.
Penny’s lawyers are arguing that police had no reason to arrest her, and they are questioning whether any of the statements used against her were improperly obtained.
Daniel Penny leaves for a break during his pre-trial hearing at the New York Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. Penny, a Marine veteran, has been charged in 2023 with second-degree murder and manslaughter by criminal negligence. Jordan Neely dies in New York City subway train. (Julia Bonavita/Fox News Digital)
One of his attorneys, Steve Raiser, previously told Fox News Digital, “The government will have to demonstrate that any statements they intend to use at trial were not obtained through coercion or intimidation.” “In addition, they will need to prove that probable cause existed to believe a crime was committed. Our position would be that despite the low level of evidence required to demonstrate probable cause, the police did not have sufficient evidence. This is especially true considering the abundant evidence that the steps Danny took to protect the passengers on that train were appropriate.”
Eyewitnesses spoke of homelessness was blue Threatening and aggressive behavior towards metro riders. He has a history of mental illness and violence, including an attack on a 67-year-old woman in 2021.
Daniel Penny arrives for a pre-trial hearing at the New York Supreme Criminal Court in Manhattan on Thursday, October 3, 2024. Penny, a Marine veteran, has been charged with second-degree murder and criminally negligent homicide in Jordan’s 2023 death. Blue in a New York City subway train. (Julia Bonavita/Fox News Digital)
Police questioned Penny on the day of the incident and released her, but 11 days later, Manhattan District Attorney Alvin Bragg’s office announced an indictment on charges of murder and criminally negligent homicide. He has pleaded not guilty.
Critics of Bragg’s decision to prosecute Penny have described the move as political and believe that the veteran acted in self-defense and for the safety of other passengers.
“If (Neely) had carried out his threats, he would have killed someone,” Penny told Fox News Digital in June 2023.
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Another witness expressed similar concerns.
Neely reportedly said, “I don’t care if I have to kill someone, I will.” “I’ll go to jail, get shot.”
Prosecutors said last year that they had achieved at least five eyewitness videos They planned to present the encounter and surveillance video as evidence.
If convicted, Penny faces up to 19 years in prison. His trial was scheduled to begin before the end of the month.
Fox News’ Maria Paronich contributed to this report.
