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Tina Sawyer: A Midland family continues to wait for details on the death of their loved one in a Texas jail. Arrested for allegedly suspicious behavior, Daniel Pentkowski was found dead in his cell two days after he was arrested in January 2023. Authorities in San Antonio and Bexar County changed the cause of death from medical issues to a homicide. Now the family has again been denied in their petition for information surrounding his death. Isabelle Pasciolla has reported on the story for the Midland Daily News, and spoke with WCMU’s David Nicholas on the latest developments.
Isabel Pasciolla: They were given the police report and the booking information. Those are just kind of public information. But when it came to the medical examiner report, the autopsy, all of the footage. Those were denied, for quote “an ongoing investigation”, so it you know, it might impede with the investigation going on and so this petition is really just requesting those things that they were denied. And in addition to that they were wanting to have a deposition of representatives for the San Antonio Police Department and the Bear County Sheriff's Office to just get more information about what happened. They really wanted to know just what happened from the moment they showed up at the Airbnb to the moment that he passed away in the jail and they wanted that from footage and reports and interviews with these representatives.
David Nicholas: Have you been able to find out any rationale from the courts as to why then the petition has been denied?
IP: Just before the September hearing, the city of San Antonio and Bear County submitted their responses to the petition, and in those responses they did continue to state that releasing that information would impede with an ongoing investigation. As of August of this year, it seems that investigation is still ongoing and that was one of the reasons that they gave as to why the petition should be denied. San Antonio and Bear County stated in their response. That the family's requests for all this information and deposition was quote “overly broad, vague and ambiguous”, and the overall the information was protected by that government immunity and the Penkowski family would have to clear this pretty significant hurdle. Approving that the burden on the department to gather and provide that information is lesser than the benefit that it would provide to the family, which is essentially closure for them and just knowing what happened.
DN: Then at this point, what is next? Is there another step or another recourse that the family can take? To find out what happened to Daniel. Whether this is some sort of legal action against the department or trying to appeal this to a higher court judge and does a Freedom of Information Act request through you folks at the Midland Daily News, does that come into play at any point here?
IP: When I spoke to the family not long after this case had the hearing, there wasn't really a clear next step for them. They were still sort of figuring out, you know, do they just go ahead and file some sort of case? Should they try more FOIA’s or subpoenas? So they haven't quite yet made-up their minds on what they want to do next. And as for us, we have filed multiple FOIA's before. And they were all denied for the same reasons. So as of now we were sort of hoping to see how this investigation goes, if it ever comes to a close. I'm sure we will submit more FOIA's, but I do expect especially. After the responses that they gave in August that this investigation still ongoing and our request would likely be denied again.
DN: And now, nearly two years later, the family still does not know, although the circumstances, nor do they have their closure on what happened to Daniel Penkowski in that Texas County Jail. We do appreciate the update from you, Isabel Pasciolla from the Midland Daily News. Will keep track of your reporting and hope to Get an update from you when and if we have more information on that, but for now, thank you for the update and the latest details.
IP: Absolutely. Thank you for letting me share the story.
TS: That was Isabelle Pasciolla of the Midland Daily News speaking with WCMU's David Nicholas.
