Why weren't academy leaders charged in trooper's death? Defense seeks answers

One of the four Massachusetts State Police troopers charged in the 2024 death of another trooper at the state police academy appeared in court on Tuesday.

More than two years after Enrique Delgado-Garcia died after being injured during a boxing training exercise at the state police academy, atttorneys involved in the criminal case are still sorting through the evidence to bring the case to trial.

In court Tuesday, defense attorneys for the state police academy staffers charged in connection to Delgado-Garcia’s death said they have received 14,000 pages of grand jury transcripts and 350 grand jury exhibits and are requesting more materials from prosecutors.

“It’s a lengthy and attenuated process,” defense attorney Brad Bailey said.

Lt. Jennifer Penton appeared in Worcester Superior Court for a hearing on where her criminal case stands. She and troopers Edwin Rodriguez, David Montanez and Casey Lamonte were part of the Massachusetts State Police Academy’s Defensive Tactics Unit when Delgado-Garcia was a recruit. The other three suspects were not in court Tuesday.

All are charged with involuntary manslaughter and causing serious bodily injury to a person participating in a training program involving physical exercise in connection to Delgado-Garcia’s death. He died after being knocked unconscious during a boxing match at the academy and experiencing concussion-like symptoms.

Penton also faces a perjury charge for allegedly denying that she was informed about those symptoms. All four have pleaded not guilty.

In recent weeks, Bailey submitted requests for additional discovery or evidence to prepare for her defense.

“The holdup at the moment is there’s a large volume of materials that have been provided by the prosecution. We have a number of requests we have made in writing,” he said.

Among dozens of requests, they’re asking for documentation of any witnesses who received immunity.

In a memo filed by the special prosecutor on Monday with an update on what has been provided so far, attorney David Meier wrote that 10 individuals, including troopers, sergeants, command staff and senior leadership at the training academy, were granted judicial immunity and testified before a special statewide grand jury last year.

Penton is also requesting evidence concerning the decision to charge her while not charging command staff.

“It’s important to know the full scope of the universe out there of materials that could be useful, admissible at trial, and we’re going to continue to work towards making sure we have all of that so our clients get the benefit of an aggressive defense and a very fair and partial trial in front of a jury of their peers,” Bailey said.

All four defendants remain suspended from the state police with pay. The next hearing in the case is scheduled for Jan. 7, 2027.