In January, Daniel Pentkowski of Midland traveled to Texas for his mother’s funeral and he never returned home. He died in Texas, in the custody of a local police department.
His family is still seeking answers, especially about how died. Three different causes have been given by authorities, ranging from self-inflicted injuries to homicide.
WCMU’s Tina Sawyer spoke with Midland Daily News reporter Isabelle Pasciolla about the paper’s investigation into Pentkowski’s death.
The conversation began with Pasciola describing Pentkowski’s encounter with law enforcement.
Editor's note: This transcript has been edited for clarity and length
Isabelle Pasciolla: He arrived at an Airbnb in San Antonio on January 22, with two of his sisters. On the morning of January 23, the San Antonio Police Department got a call from a neighbor that reported a suspicious person. And so that officer went to the Airbnb property, asked Daniel for his ID. And when he went to take his wallet out of his pocket, a gun magazine had fallen out. And as the officer then began to check him for weapons, some sort of altercation took place that resulted with Daniel facedown on the ground and the officer on top of him. Daniel was then arrested and taken to the Bexar county jail. And, two mornings later, a deputy found him dead in the fetal position on the floor of his cell.
Tina Sawyer: Did it say how he passed away?
IP: The original press release from the Bexar County Sheriff's Office said that he had died of self-inflicted wounds. Later, the death certificate from the State of Texas had labeled it as complications from a medical condition. But, in early June, that death certificate was amended to rule his death a homicide.
TS: Did you ever find out why they changed their mind?
IP: We still do not know. The family's attorney in Texas, Paul Grinke, said that the medical examiner's autopsy report was completed before they changed the death certificate. So, the idea is that there could be something in the autopsy to say that it was a homicide. And they had changed the cause to physical restraint and compression of the torso following a physical struggle.
TS: So, how's the family and what are they doing right now? What are their lawyers doing?
IP: Well, the family is grieving. And they're fighting for justice and for answers. They hired civil rights attorney Ben Crump. Ben Crump represented Trayvon Martin, George Floyd, Breonna Taylor. The family and their attorneys, as well as the Midland Daily News, have all requested the same documents through a Freedom of Information request. We have all requested a police report, booking information, body camera footage, surveillance footage from inside the jail, communications between officers and the autopsy report. We did receive the police report and the booking information and everything else was denied by the Texas Attorney General.
TS: Did they say why?
IP: They said it was closed case that was being investigated. And that giving us the information could impact the investigation. And there is a new law in Texas that body camera footage cannot be released to the public. It can only be shown to the family members. However, the family members still have not seen the footage themselves.
TS: So, what now? Anything in the future that you're hoping to hear?
IP: His memorial is coming up. And so that'll be a good gathering of people that will honor his life and celebrate him and tell stories about him. But it's also a large group of people getting together to fight for justice for him and to continue their inquiry into what happened. And I think the next step is to receive footage so everybody can see what really happened, at least during his arrest.
TS: Isabelle, I really thank you for coming in.
IP: Thank you.
A memorial for Pentkowski will be held in Midland this Saturday.
