Midland family sues Texas companies for information about brother's death

Daniel Pentkowski's siblings are filing a civil lawsuit in Texas' 57th District Court seeking information about the death of their brother, who died in Bexar County Jail over a year ago.

The family is asking the court for permission to take witness statements and obtain testimony to investigate a possible claim. The case was filed in February 2024 and the hearing is scheduled for September 5.

The family's attorney wants to question the City of San Antonio about the actions of the San Antonio Police Department and the District of Bexar County about the actions of the Bexar County Sheriff's Office.

In January 2023, Pentkowski met with his siblings in San Antonio to hold a memorial service for their mother, Agnes, who died during the pandemic.

Pentkowski arrived on January 22, 2023, along with his two sisters, at an AirBnB that the family had rented.

On January 23, he was arrested by police in San Antonio.

“On the morning of January 23, 2023, at approximately 7:30 a.m., Mr. Pentkowski was standing on the porch of the apartment building watching the birds in the neighborhood, one of his favorite pastimes,” the petition states.

Two days later he was found dead in a prison cell.

Questions about Pentkowski’s fate are still unanswered.

“It's been almost a year since Dan was murdered, and (there is) still unbearable pain and regret,” his sister Amy Pentkowski said in January 2024. “We wanted to process the recent unbearable loss of our beloved mother and celebrate her life and our coming together, something that hasn't been done in decades. We also celebrated (Dan's) recent birthday, which was January 6.”

According to police reports, an officer was dispatched to the AirBnB on January 23, 2023, regarding a suspicious person. According to the petition, a neighbor – who was unaware that the house was rented – called the police.

When police arrived, Pentkowski left the porch and walked down the sidewalk of the house to speak with the officer.

The police report states that an officer asked Pentkowski to identify himself and “could smell alcoholic beverages while (Pentkowski) was speaking.”

“The night before, he and his family had been partying and Mr. Pentkowski was still feeling the effects of the alcohol, but he was not bothering anyone, just watching the birds,” the petition states.

The officer ordered Pentkowski to put his hands on the police car so the officer could search him for weapons. When asked if he had any weapons on him, Pentkowski replied that he had two knives.

When Pentkowski attempted to arrest him, the officer said he became “angry” and began resisting arrest by throwing himself and the officer to the ground.

“For reasons still unknown, the encounter became contentious and Mr. Pentkowski was arrested and taken to the Bexar County Adult Detention Center ('the jail'),” the petition states. “That was the last time his family ever saw him.”

The petition also states that his family tried to reach him in jail for two days but could not speak to him. They eventually hired a lawyer in San Antonio, who discovered that Pentkowski had died in custody at the Bexar County Jail within 48 hours of his arrest.

The Texas Rangers launched an investigation into Pentkowski's death. The results of that investigation have not been released.

“In the days and months following Mr. Pentkowski's tragic death, the family searched for answers,” the petition states. “How could this happen? Why did this happen? Who is responsible for this untimely death? But there were no answers.”

The family hired national civil rights attorney Ben Crump to represent them. Their lawyers have made multiple public records requests for information about Pentkowski's death, but most have been denied.

In June 2023, the Texas Attorney General's Office released a “Deaths in Custody Report” in which the cause of death was stated as killing by “physical restraint and compression of the upper body following a physical struggle, thereby aggravating arteriosclerotic disease and pulmonary emphysema.”

According to the petition, this is consistent with autopsy information privately obtained by the family, “which also shows that Mr. Pentkowski's death was caused by 'compression,' a type of death that cannot be self-inflicted.”

A press release at the time of Pentkowski's death stated that his death was the result of a “medical incident.”

The family has also asked the district attorney for permission to view SAPD body camera footage of the incident. The request is based on Texas Gov't Code § 552.108(d), which states that a prosecutor may allow a person to view video evidence of a crime that resulted in the death of a person if the person is the victim of a crime or a family member of the victim.

This request was also rejected.

The family now wants to interview officials from the city of San Antonio and Bexar County to find out what happened between the SAPD first contacted Pentkowski and his death in prison.

Through this testimony, the family hopes to not only get answers about what happened to their brother, but also to determine whether the SAPD or BCSO may be responsible for his death and whether his constitutional rights were violated by excessive use of force or other violations on the part of the officers.

“Prior to filing this petition, the applicants made good faith requests to both the City of San Antonio and Bexar County for information to clarify this matter, but no meaningful information was provided,” the petition states.

In addition to the witness statements, the family is demanding all video recordings of Pentkowski as well as all documents, investigative reports and forensic reports from his time in custody.

This information will help the family determine whether his rights were violated, whether any policies or procedures were the driving force behind these possible violations, and whether SAPD or county personnel acted negligently during the time he was in their care.

“This testimony is necessary because, as matters stand, plaintiffs do not know what happened to their brother,” the petition states. “All they know is that the cause of death was 'physical compression of the upper body following physical altercation, aggravating atherosclerosis and pulmonary emphysema,' which prima facie suggests that either excessive force or negligence was involved.”

“The fact is that a man dies before his time… testimony before trial either prevents unnecessary litigation or ensures that the right parties are properly named as defendants on the basis of good faith.”

Isabelle Pasciolla is a district reporter for the Midland Daily News. You can reach her by email at [email protected].