Sunnyside man convicted of assault in one-punch death case

Sunnyside resident Steven O’Brien (right) pleaded guilty to misdemeanor assault after punching Danny McGee in the face, causing him to fall to the ground and fatally strike his head. Pool photo by Dennis Clark, File.

By Jonathan Sperling

A Sunnyside man who fatally punched a Gaelic football player outside of a Queens Boulevard bar plead guilty to the assault on Friday — but the maximum possible jail sentence of six months is not enough, prosecutors say.

Steven O’Brien, 26, pleaded guilty to third-degree assault, a class A misdemeanor, for punching Danny McGee, 21, in the face, causing him to fall to the ground and hit his head. McGee — who was known for playing Gaelic football in his native Ireland was taken to Elmhurst Hospital and later died as a result of the blunt force trauma he sustained to his head.

Though prosecutors say McGee’s family was understanding of the fact that O’Brien could only be charged with third-degree assault, a misdemeanor, Acting Queens District Attorney John Ryan criticized the limitations surrounding “one punch homicides.”

“Under the cases governing our prosecutions in these circumstances we can only charge third-degree assault, a misdemeanor. We believe that is an inadequate response by society to a death. We call upon the Legislature to pass a law making an intentional assault that results in death a felony,” Ryan said.

Queens Criminal Court Judge Mary Bejarano will hand down the six-month sentence when O’Brien appears in court again on Jan. 8, 2020.