Good question. New York has a
three strikes law that is defined as:
"In New York, this concept is referred to as “persistent felony offender” law. This law defines a persistent felony offender as someone who stands convicted of a felony after having been previously convicted of two or more felony crimes."
So it depends on how the charges were tried. We know of a felony drug charge in Pennsylvania in 2003 and a felony narcotics conviction in New York in 2003. He had an outstanding arrest warrant for absconding probation in 2005. So it depends on how the assaulting a police officer charge was settled in Pennsylvania in 2002. The local
newspaper had this to say about his criminal charges in Pennsylvania:
"McNeill was charged in 2002 with assaulting a police officer in Pennsylvania, Essig said. In 2003, he pleaded guilty to possession of drugs with intent to deliver in Pennsylvania. He served roughly one year behind bars and was released in 2004, authorities in Lehigh County confirmed."
If this charge led to a felony conviction (which it seems it did not or else he would not have been out in 2003 to get the drug trafficking charge), then the NY felony drug conviction would have been his third strike and he could have been given life in prison, which would have put a cop hating violent criminal behind bars and saved the two officers lives. I know this all seems like perfect hindsight; and I can see the need for better defense for lower income people charged with a crime and better services to handle rehabilitation of criminals. The issue is that this man had been on the streets since 2005 with an active arrest warrant in NY. He seems to have lived in Maryland for some time before traveling back to NY to visit his mother. The issue is that people often avoid local arrest warrants by just moving.