The veteran on trial was not told that he killed the subway maniac in questioning

An NYPD detective testified in court Thursday that a New York veteran accused of murder in connection with the death of a mysterious man who stormed a subway car and terrorized passengers was not told the man was dead when he waived his Miranda rights and pleaded guilty. talk to the detectives.

Attorneys for Daniel Penny, a 25-year-old Marine Corps veteran, told Fox News Digital that there is “overwhelming evidence that Danny was justified in the actions he took to protect the passengers on this train.” They are asking if the police had any reason to detain him and if the statements prepared by the prosecutors will be used in the trial if they were obtained properly.

Penny was charged after appearing on cell phone video placing Jordan Neely, 30, in custody as other passengers helped stop him in May 2023.

The defense attorney called NYPD investigators to the stand Thursday to explain whether there was a reason to arrest their client in the first place.

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Penny had not been told that Neely was dead when she was questioned, said NYPD Detective Michael Medina. He and his partner released Penny after interviewing other witnesses. At first they called him “the 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 taken 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, his surname Makhathini, in their room.

Prosecutors played a video of the interview in court Thursday.

It shows Penny calmly cooperating with the detectives, explaining that she is a veteran marine and studying to be an architect. He said he was on his way to the gym when the argument broke out.

DANIEL PENNY DANIEL PENNY DOESN’T CONSIDER MURDER IN THE DEATH OF JORDAN NEELY

A screenshot from a bystander video showing Jordan Neely being locked up on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

According to testimony at Thursday’s trial, Neely got on the train behind the 10th Street station, tore off his jacket and threatened to “kill anybody,” he said.

“He was acting crazy, like a crazy person,” Penny told detectives. As Neely threw his jacket away, he yelled, “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 saw a threat. When Neely entered him, he put her on the axis.

“I’m not trying to kill this guy,” he told detectives. “I’m trying to defuse the situation.”

He said two other men on the train helped him catch Neely while they were waiting for the police to arrive.

“People do this all the time, but this guy was dangerous,” he told police. Medina and McCarthy told him that he would be arrested for now, and he asked for a lawyer.

This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny, the US Marine veteran who used the fatal shot on angry New York City subway rider Jordan Neely, has been charged with murder. (Courtesy Mills & Edwards, LLP via AP)

The public safety officer revealed that when he got to the train, he saw Neely unconscious, and asked what happened. The witnesses pointed to Penny, he said, pointing to the defendant in court.

He said witnesses told him that Neely got on the train, started making threats, and Penny “took him out.” Bodycam video showed Penny still at the scene and cooperating with police.

Neely was unconscious when police arrived but was breathing, a public safety officer said. However, responding officers later attempted to give him CPR and administered Narcan, a heroin-based antidote used to revive people during overdoses.

Daniel Penny returns after a break during his arraignment at the New York Supreme Court in Manhattan on Thursday, Oct. 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 eyewitnesses described Neely as a disorganized person and said Penny was “blocking” him. Some people on the train appeared to support Penny, he said.

The judge said that he will not release the video that was played in court on Thursday to the media because the case has not yet started.

Penny’s lawyers argue that the police had no reason to arrest him, and are questioning whether any statements he intended to use against him were improperly obtained.

Daniel Penny rests during his arraignment in New York State Criminal Court in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with involuntary manslaughter and negligent homicide in 2023 The death of Jordan Neely on the New York City subway. (Julia Bonavita/Fox News Digital)

“The government must show that any statements it intends to use at trial were not obtained under coercion or threats,” one of his attorneys, Steve Raiser, told Fox News Digital earlier. “Furthermore, they will need to prove that there is reasonable cause to believe that a crime was committed. Our view would be that despite the low level of evidence required to establish probable cause, the police do not have sufficient evidence. This is especially true given the overwhelming evidence that Danny had reasonable grounds for the actions he took to protect the passengers on that train.”

Witnesses said homeless Neely was threatening subway passengers and acting violently. He had a history of mental illness and violence, including a 2021 beating of a 67-year-old woman.

Daniel Penny arrives before a trial in New York State Criminal Court in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with involuntary manslaughter and criminally negligent homicide in the 2023 death of Jordan. Neely on the New York City subway. (Julia Bonavita/Fox News Digital)

Police questioned and released Penny the day of the incident, but 11 days later, the office of Manhattan District Attorney Alvin Bragg announced charges of involuntary manslaughter and criminally negligent homicide. He pleaded not guilty.

Critics of Bragg’s decision to prosecute Penny have called the move politically motivated and believe the veteran acted in self-defense and to protect other passengers.

“If [Neely] he would carry out his threats, he would he killed someone,” Penny told Fox News Digital in June 2023.

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Another witness expressed similar concerns.

“I don’t care if I have to kill the F, I’m going to do it,” Neely allegedly fumed. “I’m going to jail, I’m going to take a bullet.”

Prosecutors say last year they found at least five eyewitness videos of the encounter and the surveillance video they planned to present as evidence.

Penny faces up to 19 years in prison if convicted. His trial was expected to begin before the end of the month.

Fox News’ Maria Paronich contributed to this report.