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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