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| -Lurid Crime Tales- | ||
| Veteran in subway vigilante case wasn't told he killed man threatening passengers during interrogation | ||
| 2024-10-04 | ||
An NYPD detective testified in court Thursday that the New York veteran accused of manslaughter in the death of an erratic man who barged onto a subway car and threatened passengers was not told the man had died when he waived his Miranda rights and agreed to speak with detectives. Lawyers for Daniel Penny, a 25-year-old Marine Corps veteran, told Fox News Digital there is "overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train." They are questioning whether police had probable cause to detain him and whether statements prosecutors plan to use against him at trial were properly obtained. Penny was charged after he appeared on cellphone video placing Jordan Neely,
The defense called NYPD investigators to the stand Thursday to grill them about whether there was probable cause to arrest their client to begin with. Penny had not been told that Neely was dead during his questioning, NYPD Det. Michael Medina testified. He and a colleague let Penny go after interviewing other witnesses. They initially dubbed him a "good Samaritan." Medina, a 23-year member of the NYPD, 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 placed in handcuffs, he said. Their conversation was recorded on video. Penny waived his Miranda rights. There was another detective, whose last name is McCarthy, in the room with them. Prosecutors played video from the interview in court Thursday. It shows Penny calmly cooperating with the detectives, explaining that he's a Marine veteran and studying to be an architect. He said he was on his way to the gym after class at the time of the altercation. According to testimony at the hearing Thursday, Neely barged onto the train after the 10th Street Station, ripped his jacket off and threatened to "kill anybody," he said. "He was acting like a lunatic, like a crazy person," Penny told detectives. He said after Neely tossed his jacket, he shouted something along the lines of, "If I don’t get this, this and this, I’ll go to jail forever." There were women and children on the train, and Penny perceived a threat. When Neely walked into him, he said, he put him in a chokehold. "I'm not trying to kill the guy," he told detectives. "I'm just trying to deescalate the situation." He said that two other men on the train helped him hold Neely down as they waited for police to arrive. "People do this all the time, but this guy, he was actually a threat," he told the officers. Medina and McCarthy told him he would be detained for the time being, and he asked for a lawyer. A public safety officer testified that when he arrived at the train, he saw Neely unconscious on the ground and asked what happened. The witnesses pointed to Penny, he said, identifying the defendant in the courtroom. He said witnesses told him that Neely boarded the train, began making threats, and Penny "took him out." Bodycam video showed Penny remained at the scene and cooperated with responding officers. Neely was unconscious when police arrived but had a pulse, the public safety officer testified. However, responding officers later tried giving him CPR and administered an opioid-overdose antidote used to revive people during overdoses. The next witness was Officer Dennis Kang, a five-year veteran who also responded to the train car and met Penny at the scene. He said witnesses described Neely as "erratic" and said Penny was "stopping" him. Other people on the train appeared to be supportive of Penny, he said. The judge said he would not be releasing video played in court Thursday to the media because the trial has not yet begun. Penny's lawyers are arguing that police had no cause to arrest him, and they are questioning whether any statements they intend to use against him were improperly obtained. "The government must demonstrate that any statements they intend to use at trial were not obtained through coercion or threats," one of his attorneys, Steve Raiser, told Fox News 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 said the homeless Neely was threatening subway riders and behaving aggressively. He had a history of mental illness and violence, including the 2021 assault of a 67-year-old woman. Police questioned and released Penny on the day of the incident, and 11 days later, Manhattan District Attorney Alvin Bragg's office announced an indictment on charges of manslaughter and criminally negligent homicide. He has pleaded not guilty. Critics of Bragg's decision to prosecute Penny have called the move political. Penny faces up to 19 years in prison if convicted. His trial was slated to begin before the end of the month. Related: Daniel Penny 02/17/2024 Feds: Illegal Aliens Charged with Attack on NYPD Officers Members of Venezuela's Tren de Aragua Gang Daniel Penny 02/04/2024 Manhattan DA Alvin Bragg DEFENDS releasing migrants accused of attacking cops in Times Square - as Supreme Court Judge slams him for prosecuting COVID-19 vaccine card dodgers while letting violent perps walk Daniel Penny 02/03/2024 NYC launches $53M program to give pre-paid debit cards to migrants to spend in BODEGAS: Users must sign affidavit promising only to use card for food and baby supplies, with family of four set to get $1,000-a-month Related: Jordan Neely 01/19/2024 Judge Denies NYC Subway Hero Daniel Penny's Request to Dismiss Manslaughter Charges Jordan Neely 10/10/2023 Mother, child hid behind stroller before deadly subway chokehold: court papers Jordan Neely 07/13/2023 Bragg admits he's fearful of crime on NYC subways | ||
| Posted by:Skidmark |
| #1 Bombshell new evidence in Daniel Penny 'chokehold' death case - as support for the young Marine veteran surges "Police officers ... opted to administer Narcan first rather than CPR, a court heard Thursday." |
| Posted by: Skidmark 2024-10-04 00:33 |