Attorney thomas on friday night during wabc radio show katz and cosby. the attorney is saying he had been quote led to believe this case will be headed for a grand jury and was caught off guard with the das office decided to forgo that move and instead arrested a penny on second degree manslaughter. a felony with a penalty of up to 15 years in prison. penny started friday was released on $100,000 bond. sink on the radio show this case is far from over. he was really putting himself in harm s way for the benefit of others. he should be celebrated. kenneth also said while neely s death is a tragedy he feels his client should be praised again for stepping up to protect other new yorkers on the subway. now neely had 42 prior arrests for his family s attorneys have pointed to neely mental health struggles his mother s murder as